PROJECT REPORT ON

CLINICAL LEGAL EDUCATION III

(DRAFTING, PLEADING AND CONVEYANCING)

(SUBJECT CODE: TIU-ULB-T394)

SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR THE

DEGREE OF BACHELOR OF LAWS (LL.B.) OF THE TECHNO INDIA
UNIVERSITY, WEST BENGAL.

TECHNO INDIA UNIVERSITY, WEST BENGAL

BY

NAME OF THE STUDENT: PAYEL CHOWDHURY

SEMESTER: 6TH SEMESTER STUDENT’S
ID: 221002010010
BATCH: LL.B.

YEAR: 2024-2025

SUPERVISED BY
SREYA CHAKRABORTY

ASSISTANT PROFESSOR, DEPARTMENT OF LEGAL SCIENCE

TECHNO INDIA UNIVERSITY, WEST BENGAL

 CERTIFICATE

This is to certify that PAYEL CHOWDHURY of LL.B. 6TH SEMESTER (2024-2025) of

Department of Legal Science, West Bengal, (Student ID-221002010010) has done her Project
work on “DRAFTING, PLEADING AND CONVEYANCING” under our supervision and
guidance for partial fulfillment of the requirement for the Degree of Bachelor of Laws (LL.B.)
of the Techno India University.

DR. DEBASHREE CHAKRABORTY

(HEAD OF THE DEPARTMENT,

DEPARTMENT OF LEGAL SCIENCE

TECHNO INDIA UNIVERSITY, WEST BENGAL)

MS. SREYA CHAKRABORTY

(ASSISTANT PROFESSOR,

DEPARTMENT OF LEGAL SCIENCE

TECHNO INDIA UNIVERSITY, WEST BENGAL)

1
 DECLARATION

I, PAYEL CHOWDHURY student of LL.B, 6TH SEMESTER (2024-2025) of Department

of Legal Science, West Bengal, having (Student ID- 221002010010) have done my Project
work on “DRAFTING, PLEADING AND CONVEYANCING” as the result of the project
work done in the partial fulfillment of the Degree of Laws LL.B. of the Techno India
University, West Bengal.

I, declare that this work is original except for such help taken from such authorities as have
been referred to at the respective places for which necessary acknowledgments have been
given.

I, further declare that this project work in part or whole has not been submitted to any
Institute or University for the grant of any degree, diploma, fellowship or any title for any
degree or diploma at University or Institution.

Date:

Place: KOLKATA

NAME-
PAYELCHOWDHURY

SEMESTER- 6TH SEMESTER

STUDENTS’ ID- 221002010010
BATCH-LL.B.
YEAR- 2024-2025

2
 ACKNOWLEDGEMENT

I deem it to be my utmost privilege to present this project work “DRAFTING, PLEADING

AND CONVEYANCING” .
At the outset, I would like to express my deepest gratitude to DR. DEBASHREE
CHAKRABORTY, HEAD OF THE DEPARTMENT OF LEGAL SCIENCE,
TECHNO INDIA UNIVERSITY, for granting this wonderful opportunity to research for
which I shall remain indebted forever.
At this juncture, I would further like to express my deepest gratitude and acknowledge, Miss
SREYA CHAKRABORTY, ASSISTANT PROFESSOR, DEPARTMENT OF LEGAL
SCIENCE, for her immense resourcefulness and precious guidance in the course of preparing
this project work.

I would further like to thank from the core of my heart other faculties of the Department of
Legal Science, who have taught me and helped me in some way or the other to successfully
complete my work.

I am indebted to the Library Staffs who have helped me by giving and suggesting me the names
of books and journals without which I could not have been able to proceed with my work.
I would also like to thank my parents who deserve special mention and respect, without whose
motivation I could not have done this research.
Lastly, I would also like to thank my friends, fellow students, resourceful bloggers and legal
experts who have helped me formulate the ideas through stimulating discussions. Therefore,
all in all, I take this opportunity to express my heartfelt gratitude to one and all under whose
valuable support my crude brainwave has initially materialized into this cogent and coherent
document.
With humble heart I submit this Project work on “DRAFTING, PLEADING AND
CONVEYANCING” to TECHNO INDIA UNIVERSITY,in the partial fulfillment of the
Degree of Bachelor of Laws LL.B. of the Techno India University, West Bengal.

NAME –PAYEL CHOWDHURY

PLACE- KOLKATA

3
 ABSTRACT

Drafting, pleading, and Conveyance are the 3 fundamental aspects of legal practice, essential for
effective communication and representation in various legal matters. Drafting involves the
preparation of legal documents such as contracts, wills, agreements, and notices, ensuring clarity,
precision, and adherence to legal standards. Pleading refers to the written statements submitted
by parties in a legal proceeding, such as plaints, written statements, or petitions, which outline
claims, defenses, and facts to establish a case in court. Conveyance deals with the transfer of
legal title of property from one person to another through documents like sale deeds, lease
agreements, or gift deeds, ensuring compliance with property laws and avoiding future disputes,
therefore to mastery in these areas requires not only legal knowledge but also strong language
skills and attention to detail, as they form the backbone of effective legal advocacy and
documentation.The preparation of pleadings such as plaints, written statements, bail
applications, and petitions enables lawyers to present their clients’ cases with clarity, precision,
and adherence to legal principles. Each document is meticulously crafted to reflect the core of
the client’s claims or defenses, laying a solid foundation for the legal proceedings that follow.
In contrast, conveyance focuses on transactional matters, ensuring that documents like sale
deeds, lease agreements, gift deeds, and mortgage deeds are accurately drafted to safeguard the
interests of all parties and prevent future disputes.

Date:

Place: KOLKATA

NAME : PAYEL CHOWDHURY

SEMESTER-
6THSEMESTER

STUDENTS’ ID-
221002010010
BATCH- LL.B.
YEAR- 2024-
2025

4
5
 PART-I
CIVIL PROCEEDINGS

6
 PLAINT

DISTRICT: KOLKATA
IN THE CITY CIVIL COURT AT CALCUTTA
BEFORE THE LEARNED XITH BENCH

Civil Suit No. 6525 Of 2025

In the Matter of:

Anjum Builders Pvt. Ltd.

A Company Incorporated Under The
Companies Act, Having Its Registered Office
At Salt Lake, Sector -5, Kolkata, West Bengal.
Through its Director
Shri Anjum Dey
… Plaintiff
Versus
Raheel Brands And Lifestyle Company
A Company Incorporated Under The
Companies Act. Having Its Registered
Office At DN-51, Salt Lake City, Sector-5, Kolkata
Through its Director
Shri Raheel Agarwal
… Defendant

SUIT FOR RECOVERY OF ₹3,00,000/- (Three Lakhs Only) UNDER ORDER

XXXVII OF CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiff is a company duly incorporated under the Companies Act, having its
registered office at Salt Lake, Sector-5, Kolkata, West Bengal. Shri Anjum Dey, the Director
of the Plaintiff company, is duly authorized to sign and verify the plaint, vakalatnama, and
to institute the present suit on behalf of the Plaintiff.
2. That the Plaintiff-company is engaged in the business of construction and infrastructure
development and has a reputed standing in the industry.
3. That the Defendant is a company incorporated under the Companies Act, having its
registered office in Kolkata, and its Administrative Office is also located in Kolkata, which
falls within the jurisdiction of this Hon’ble Court.
4. That in August 2024, the Defendant approached the Plaintiff for a loan of ₹3,00,000/-,
promising to repay the same within three months. Based on trust and business relations, the
Plaintiff transferred the amount to the Defendant via bank transaction (UPI Ref: 123456789)
on 17th August 2024.

5. That on 17th August 2024, when the repayment was due, the Plaintiff requested the
Defendant to return the amount. However, despite repeated verbal and written requests, the
Defendant failed to make the payment.

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6. That upon repeated follow-ups, the Defendant issued Cheque No. 213456 dated 20.11.2024
for ₹3,00,000/- drawn on Punjab National Bank, Dalhousie, Kolkata in favour of the
Plaintiff. However, when the Plaintiff presented the said cheque for encashment, it was
dishonoured due to insufficient funds.
7. That the Plaintiff immediately informed the Defendant about the dishonour of the said
cheque and called upon the Defendant to make the payment of the said amount along with
interest @18% per annum. However, despite several reminders, the Defendant failed to make
the payment.
8. That the Plaintiff, therefore, issued a legal notice dated 1st December 2024 to the Defendant,
demanding repayment of ₹3,00,000/- along with interest @18% per annum. However, the
Defendant has failed to comply with the notice, necessitating the filing of this suit.
9. That the Defendant is now liable to pay a sum of ₹3,00,000/- along with interest @18% per
annum from 20.11.2024 till the date of filing of this suit.
10. That the cause of action in favour of the Plaintiff and against the Defendant first arose on
17th August 2024, when the Plaintiff granted the loan to the Defendant. It further arose on
17th November 2024, when the repayment was due and the Defendant defaulted. The cause
of action further arose on 20th November 2024, when the Defendant issued the cheque, and
again on 22nd November 2024, when the said cheque was dishonoured. The cause of action
continues to arise as the Defendant has failed to make payment despite legal notice dated 1st
December 2024.
11. That this Hon’ble Court has jurisdiction to entertain this suit as the agreement for the loan
was made in Kolkata, the cheque was drawn on a Kolkata-based bank, and the Defendant
has its Administrative Office in Kolkata.
12. That the suit is within the period of limitation as per the Limitation Act, 1963.
13. That the value of this suit for the purposes of court fee and jurisdiction is ₹3,00,000/-, and
appropriate court fees have been affixed as per the Court Fees Act, 1870.
14. That this suit is filed under Order XXXVII of the Code of Civil Procedure, 1908, as the claim
is based on a dishonoured cheque and the liability of the Defendant is clear and definite.

PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:
(a) Pass a decree for ₹3,00,000/- (Three Lakhs Only) with interest @18% per annum from
20.11.2024 till the date of filing of this suit in favour of the Plaintiff and against the Defendant;
(b) Award pendente lite and future interest at the rate of 18% per annum on ₹3,00,000/- from
20.11.2024 till the actual realization of the amount;
(c) Award costs of the suit in favour of the Plaintiff and against the Defendant; and
(d) Pass such other and further order(s) as may be deemed fit and proper on the facts and
circumstances of this case.
Place: Kolkata
Date: [Date of Filing]
[Signature of Plaintiff]

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[Signature of Advocate]

VERIFICATION

I, Anjum Dey, the Plaintiff herein, do hereby solemnly verify that the contents of paragraphs 1
to 8 of the plaint are true to my knowledge, derived from the records of the Plaintiff maintained
in the ordinary course of business, and those of paragraphs 9 to 14 are true on information
received and believed to be true. The last paragraph is my humble prayer to this Hon’ble Court.
Verified at Kolkata on this 18th February 2025.

Plaintiff

[Signature]

9
 AFFIDAVIT

I, Anjum Dey, S/o Bhanu Pratap Dey, aged about 40 years, by faith Hindu, R/o Salt Lake,
Sector-5, Kolkata-700091, West Bengal, in the capacity of the director of Anjum Builders Pvt.
Ltd., the deponent hereinabove, do hereby solemnly affirm and state as under:

 That I am the Authorized Representative / Director of the Plaintiff

Company, and I am fully aware of the facts and circumstances of the present
suit based upon the records of the Plaintiff maintained in the ordinary course
of business. I am duly authorized and competent to swear and file the present
suit and affidavit.
 That the accompanying suit has been drafted and filed by my counsel upon
my instructions, and the contents of the same are true and correct to my
knowledge.
 That the documents filed along with the plaint are true copies of the
originals.

DEPONENT

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 WRITTEN STATEMENT

IN THE CITY CIVIL COURT AT CALCUTTA

BEFORE THE LEARNED XITH BENCH

SUIT NO ....................... OF 2025

In the Matter of:

Anjum Builders Pvt. Ltd.

A Company Incorporated Under The
Companies Act, Having Its Registered Office
At Salt Lake, Sector-5, Kolkata, West Bengal.
Through its Director
Shri Anjum Dey
… Plaintiff
VERSUS
Raheel Brands And Lifestyle Company
A Company Incorporated Under The
Companies Act, Having Its Registered
Office At DN-51, Salt Lake City, Sector-5, Kolkata
Through its Director
Shri Raheel Agarwal
… Defendant
WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT

MOST RESPECTFULLY SHOWETH:

a. That the Defendant denies the contents of Para No. 4 and 5 of the Plaint as incorrect,
false, and misconceived, and puts the Plaintiff to strict proof as per Section 101 of
the Indian Evidence Act, 1872.
b. That the Defendant admits the contents of Para No. 3 of the Plaint to be true and
correct to the extent that the Defendant is a company incorporated under the
Companies Act with its administrative office in Kolkata.
c. That the Defendant states that the Plaintiff has not approached this Hon’ble Court
with clean hands and has suppressed material facts, violating the principle of equity
and good conscience as enshrined in Section 23 of the Indian Contract Act, 1872.
d. That the Defendant has already complied with the agreement and the Plaintiff’s
allegations regarding non-payment are baseless and devoid of merit as per Section
37 of the Indian Contract Act, 1872. The construction work was completed with
certain defects and delays, for which the Defendant had already raised objections and
withheld the final payment as per the agreed terms.
e. That the Plaintiff’s claim regarding the dishonored cheque is false and misleading.
The Defendant had issued the cheque on 20.11.2024, but the same was to be
deposited only upon rectification of pending construction defects, which the Plaintiff
failed to address

11
 despite repeated reminders.
f. That the present suit is barred by limitation under the Limitation Act, 1963, as the
cause of action arose on 20.11.2024, and the present suit was filed after the prescribed
period of 3 years, making it time-barred.
g. That this Hon’ble Court lacks jurisdiction to entertain the present suit as per Section
20 of CPC, 1908, as the primary transaction was conducted at Chandigarh, and the
payment was due there. The mere fact that the Plaintiff’s office is in Kolkata does
not confer jurisdiction upon this Hon’ble Court.
h. That the present suit is liable to be dismissed with exemplary costs under Section
35A of CPC, 1908 for being vexatious and baseless, as the Plaintiff is misusing the
legal process to harass the Defendant. The Plaintiff is attempting to extract an undue
advantage despite its own failure to fulfill contractual obligations.

PRAYER
In view of the above, it is most respectfully prayed that this Hon’ble Court may kindly:
a) Dismiss the present suit with costs under Section 35A of CPC, 1908.
b) Grant such other reliefs as the Hon’ble Court deems just and proper in the circumstances
of this case.
Place: Kolkata
Date: 18.02.2025

[Signature of Defendant]

[Signature of Advocate]

VERIFICATION
I, Raheel Agarwal, S/o Late Ashok Agarwal, aged 43 years, by faith Hindu, Director of Raheel
Brands And Lifestyle Company, having its registered office at DN-51,Salt Lake City, Sector-
5, Kolkata, do hereby solemnly verify that the contents of paragraphs 1 to 8 of the Written
Statement are true to my knowledge derived from the records of the Defendant maintained in
the ordinary course of business, and the last paragraph is a prayer to this Hon’ble Court.
Verified at Kolkata on this 18th day of February, 2025.

[Signature of Defendant]

Identified by me

Advocate
12
 AFFIDAVIT

I, Raheel Agarwal, S/o Late Ashok Agarwal, aged 43 years, by faith Hindu, Director of Raheel
Brands And Lifestyle Company, having its registered office at DN-51, Salt Lake City, Sector-
5, Kolkata, do hereby solemnly affirm and declare as under:
1. That I am the Director of the Defendant company and fully conversant with the facts of the
case and competent to swear this Affidavit.
2. That the accompanying Written Statement has been drafted and filed under my instructions,
and its contents are true and correct to the best of my knowledge and belief.
3. That the documents filed along with this Written Statement are true copies of the originals
maintained in the ordinary course of business.
4. That no part of this Affidavit is false, and nothing material has been concealed therein.

Identified by me

DEPONENT

Advocate

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 EXECUTION PETITION

(under Order XXI Rule 11 of CPC)

IN THE COURT OF THE HON'BLE SENIOR CIVIL JUDGE, KOLKATA, WEST BENGAL

Execution Petition No. 567 of 2025

In the Matter of:

Binoy Sarkar
S/o Saibal Sarkar,
Aged about 65 years,
Resident of 104/B A.J.C Bose Road, Kolkata, West Bengal,
(Hereinafter referred to as the "Decree Holder")
… Petitioner/Decree Holder

Versus

Tirthankar Bose
S/o Arun Bose
Aged about 42 years,
Resident of 14/H, S.N Banerjee Road Kolkata, West Bengal,
(Hereinafter referred to as the "Judgment Debtor")
… Respondent/Judgment Debtor

EXECUTION PETITION UNDER ORDER XXI RULE 11 OF THE CODE OF CIVIL

PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

 That the Decree Holder had instituted Civil Suit No. 185 of 2024 before this Hon'ble
Court, seeking recovery of money.
 That by judgment and decree dated 4th January 2025, this Hon'ble Court was pleased
to pass a decree in favour of the Decree Holder and against the Judgment Debtor,
whereby the Judgment Debtor was directed to pay a sum of ₹3,00,000/- with interest
@ 12% per annum.
 That the said decree has attained finality, and no appeal has been preferred against
the same.
 That despite repeated requests and legal notices dated 1st February 2025 and 15th
February 2025, the Judgment Debtor has failed to comply with the decree, and the
decretal amount remains unpaid, thereby necessitating the filing of the present
Execution Petition.
 That the particulars of the decree sought to be executed are as follows:

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 a. Date of Decree: 4th January 2025
b. Name of the Court that passed the Decree: Senior Civil Judge, Kolkata, West Bengal
c. Details of the Decree: Monetary decree
d. Amount due under the Decree: ₹3,00,000 (Principal Amount) + ₹60,000 (Interest up
to Date) = ₹3,60,000/-
e. Mode in which the assistance of the Court is required for execution:
a. Attachment and sale of movable/immovable property of the
Judgment Debtor
b. Arrest and detention of the Judgment Debtor in civil prison
 That the Judgment Debtor has sufficient means to satisfy the decree but has
deliberately refused to comply with it, thereby necessitating coercive action under
Order XXI of CPC.
 That this Hon'ble Court has the jurisdiction to entertain and try the present Execution
Petition.

PRAYER
In view of the facts and circumstances stated above, it is most respectfully prayed that this
Hon'ble Court may kindly be pleased to:
a) Order attachment and sale of the movable/immovable property of the Judgment Debtor
mentioned in Schedule A (attached herewith) for realization of the decretal amount.
b) Direct the arrest and detention of the Judgment Debtor in civil prison for willful
disobedience of the decree.
c) Pass any other or further order(s) as this Hon'ble Court may deem fit and proper in the
interest of justice.
And for this act of kindness, the Decree Holder shall ever pray.
Place: Kolkata
Date: 20th February 2025

(Signature of the Decree Holder/Advocate)

Binoy Sarkar

VERIFICATION:
I, Binoy Sarkar, do hereby verify that the contents of the above petition are true and correct
to my knowledge and belief.
Place: kolkata
Date: 20/02/2025

[Signature of Decree Holder]

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 MEMORANDUM OF APPEAL

IN THE COURT OF THE HON'BLE DISTRICT JUDGE/HIGH COURT, WEST BENGAL,

KOLKATA Civil Appeal No. of 2025

In the Matter of:

Mr. Rajesh Sharma S/o Late Ramesh Sharma,

Aged about 45 years,
Resident of 15/2, Park Street, Kolkata - 700016,
(Hereinafter referred to as the "Appellant") ... Appellant

Versus

Mr. Sunil Das S/o Late Kishore Das,

Aged about 50 years,
Resident of 24, Ballygunge Circular Road, Kolkata- 700019,
(Hereinafter referred to "Respondent") ... Respondent

MEMORANDUM OF APPEAL UNDER ORDER XLI RULE 1 OF CPC,

1908

MOST RESPECTFULLY SHOWETH:

1. That the Appellant had filed Civil Suit No. 102 of 2023 before the Hon'ble City Civil Court,
Kolkata, seeking a declaration of ownership and permanent injunction in respect of the suit
property situated at Park Street, Kolkata.
2. That the Hon'ble City Civil Court, Kolkata, vide its judgment and decree dated 10th January
2025, dismissed the suit and ruled in favor of the Respondent. A certified copy of the impugned
judgment and decree is annexed herewith as Annexure A.
3. That the Appellant, being aggrieved by the said judgment and decree, prefers this Appeal
before this Hon'ble Court on the following, amongst other grounds.

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GROUNDSOFAPPEAL

A. That the Hon'ble Trial Court has erred in law and facts in holding that the Appellant has
no legal right over the suit property despite documentary evidence proving ownership.
B. That the Hon'ble Trial Court has failed to appreciate the material evidence on record,
particularly the original sale deed in favor of the Appellant.
C. That the Hon'ble Trial Court erred in interpreting the provisions of the Transfer of Property
Act, 1882, while adjudicating the matter.
D. That the judgment is contrary to the settled principles of law and precedents laid down by
the Hon'ble Supreme Court and High Court.
E. That the Hon'ble Trial Court has acted in excess of its jurisdiction by disregarding crucial
legal submissions made by the Appellant.
F. That the findings recorded by the Hon'ble Trial Court are perverse and not based on legal
evidence.
G. That the Hon'ble Trial Court has wrongly dismissed the suit without considering the balance
of convenience in favor of the Appellant.
H. That the Hon'ble Trial Court has ignored the pleadings, issues framed, and evidence
adduced, leading to a miscarriage of justice.
I. That the Appellant craves leave to urge additional grounds during the course of the hearing.

PRAYER
In view of the facts and circumstances stated above, it is most respectfully prayed that this
Hon'ble Court may kindly be pleased to:
(a) Set aside the impugned judgment and decree dated 10th January 2025 passed by the
Hon'ble City Civil Court, Kolkata, in Civil Suit No. 102 of 2023.
(b) Allow the present appeal and grant relief as prayed for in the original suit.
(c) Pass any other or further order(s) as this Hon'ble Court may deem fit and proper in the
interest of justice.

And for this act of kindness, the Appellant shall ever pray.
Place: Kolkata
Date:

(Signature of the Appellant/Advocate)

Rajesh Sharma / Advocate for the Appellant
Address: 15/2, Park Street, Kolkata- 700016
Phone:
Email:

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 MEMORANDUM FOR REVISION

IN THE HIGH COURT OF CALCUTTA

CIVIL REVISION JURISDICTION
Civil Revision Petition No. 365 of 2024

Rajesh Bose, S/o. Arindam Bose aged 27 years, R/O 13/H/1,

Beleghata Main Road, Kolkata. .................................................................... (Petitioner)
Versus
Suresh Das, S/o. Kanjilal Das, aged 29 years, R/O 33/1, Phoolbagan
, Kolkata. .......................................................................................................(Respondent)

The honorable Chief Justice and other respected judges of High Court and his Companion
Justice of High Court.
The Petitioner, above plaint submit that:
The revision application of the petitioner against order dated 15th March 2024 in suit no.
086 of 2018 decided by the court of District Judge at Calcutta between X and Y in which
the petitioner was plaintiff is preferred on the following grounds or Revision under the
statement of the case in brief as follows:
1. The opposite party had instituted a suit bearing no. 086 of 2018 in the Court of Civil
Judge, Senior Division, Jabalpur. The court decreed the said suit of the opposite party on
March 15, 2024 and ordered applicant to pay the amount of decree to the opposite party.
2. The applicant being aggrieved by the said decree and judgment prefers that this
application on the following among other grounds:
(a) That the decree and judgment passed by the learned judge is illegal and inoperative.
(b) That the learned judge has erred in law by passing the said decree on a sale-deed which
was not properly registered.

18
(c) That the learned Judge erred in law by not appreciating the petitioner’s application for
leave to produce a material document.

It is, therefore, most respectfully prays that this honourable court may be pleased to allow
the revision petition setting aside the imputed order dated 15th March 2024 in Suit no
086 of 2018 decided in the court of Civil Judge, Senior Division.

Any other order which may be deemed fit in the interest of justice may be passed in favour
of the petitioner.

Place: Kolkata
Date: 25 June, 2024. Petitioner Counsel

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 AFFIDAVIT
IN THE HIGH COURT OF CALCUTTA
CIVIL REVISION JURISDICTION
Civil Revision Petition No. 365 of 2021

Rajesh Bose, S/o. Arindam Bose aged 27 years, R/O 13/H/1,

Beleghata Main Road, Kolkata. .................................................................... (Petitioner)
Versus
Suresh Das, S/o. Kanjilal Das, aged 29 years, R/O 33/1,
Phoolbagan, Kolkata. .................................................................................. (Respondent)

I, Rajesh Bose S/o. Arindam Bose aged 27 years, Resident of 13/H/1

,Beliaghata Main Road, Kolkata hereby solemnly declare and affirm on oath as under:
1. That I am the applicant against the decree passed in above-mentioned suit dated 15 March
2024.
2. That I being aggrieved by the said decree and judgment prefers this application on the
above specified grounds.

VERIFICATION
I, Rajesh Bose, the abovenamed deponent do hereby declare that the contents of
Paragraph 1 and 2 are correct to my knowledge and belief. Nothing has been concealed
therein.

Place: Kolkata
Date: 25 June, 2024 Deponent

20
 PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

WRIT OF CERTIORARI
IN THE HON’BLE HIGH COURT OF CALCUTTA

(Original Civil

Jurisdiction) Writ

Petition No 356 of 2019

IN THE MATTER OF:

1. Sankar Biswas son of Dulal Biswas Resident of 105/A Beliaghata Main Road, Kolkata
700089------------------------------------------------------------------------------------------------
Petitioner

Versus

1. State of West Bengal, Food Safety Department.

2. Municipal Commissioner of Kolkata.

3. Food Safety Authority of India -------------------------------------------------------------

Respondent

21
 WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION
FOR THE ISSUE OF A WRIT OF CERTIORARI.

To,
The Hon’ble the Chief Justice and his companion Judges of the Hon’ble High
Court of Judicature of Calcutta.

THE PETITIONER MOST RESPECTFULLY SHEWETH:

1. That the Petitioner is a law abiding citizen of India and resides at 105/A Beliaghata Main Road,
Kolkata 700089.
2. That the Petitioner runs a fast food restaurant in the name and style of Garage Place at Park
Street, Kolkata.
3. The Petitioner has obtained all necessary licenses and permission from the State and local
authorities according to the applicable laws of India for conducting his business.
4. That Petitioner held a Central FSSAI License No.100190110000123 dated 2008, and has
been carrying on this business for the last ten years and has gained a good reputation for his
service in India. A copy of the Central FSSAI License has been annexed hereunder as
ANNEXURE 1.

5. The Petitioner on 10th November received a notice from the Respondent No. 3 to show cause
and give explanation that why should not his license be revoked for selling adulterated food
in his restaurant. The notice also required the Petitioner to produce the license before the
Respondent No. 3. A copy of the notice has been annexed hereunder as ANNEXURE 2.

22
6. The Petitioner pursuant to the notice dated 10th November, submitted his explanation,
wherein he stated that he did not sell any adulterated food and complied with all the
relevant food safety regulations applicable in India.
7. Thereafter, the Respondent No.3, cancelled the Central FSSAI license of the Petitioner
without giving proper consideration to the submission of the Petitioner by order dated
2nd December.
8. The Petitioner aggrieved by the impugned order of the Respondent has approach this
Hon'ble Court.
9. The Petitioner submits that the order dated 2nd December by Respondent No. 3 are
arbitrary and void amongst other:
1. The Respondent No. 3 have acted in violation of the principle of natural
justice.
2. The Respondent No. 3 have not applied their minds to the facts of the case.
3. The said order dated 2nd December by Respondent No. 3 is in violation of
Article 19(1)(g) of the Indian Constitution.

PRAYER:

It is, therefore prayed before the Hon'ble Court to quash the order of the Respondent No. 3
and pass any other order as this Hon'ble Court may deem fit.

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

SHALL EVER PRAY.

Drawn on: Khaitan and Co. FILED BY

Drawn by: Mr. Samanta Bhowmick -----------------
-
Kolkata ADVOCATE FOR THE PETITIONER
Date: 24/01/2019

23
 PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA

IN THE SUPREME COURT OF INDIA

CIVIL WRIT JURISDICTION

WRIT PETITION (CIVIL) NO. 306 OF 2024

IN THE MATTER OF:

1. PRACHI FARMS
Road No. 05, Haryana.
. . . . Petitioners

VERSUS

1. Tax Department,
Haryana.

. . . . Respondents

WRIT PETITION UNDER ARTICLE 32 OF THE

CONSTITUTION OF INDIA SEEKING APPROPRIATE WRIT,
ORDER, OR DIRECTION FOR QUASHING OF THE
ORDER/NOTICES DATED PASSED BY

MOST RESPECTFULLY SHOWETH:

1. The Petitioners are filing the present Writ Petition under Article 32 of the Constitution of

India seeking an appropriate writ, order or direction for quashing the order/notices dated

28.12.2023 issued by the respondent to the Petitioners herein, which are highly arbitrary,

illegal and issued with a predetermined mind to settle individual grudges of

24
 one of the officers.

The brief facts leading to the filing of the present petition are as under:

2. The Petitioner has registered Agri-tourism under the Department of Tourism Government

of Haryana in the year 2015 as a farm tourism venture.

3. That on 18.10.2023 the Excise and Taxation Department, with 6 officers of the Excise and

Taxation Department, carried out an inspection of the premises of the petitioner and

witnessed all activities going on at the place and seized advertisement brochures along with

all the relevant documents like the bill books the stock register and other documents.

4. That while carrying out the investigation of the documents and going through every possible

corner of the procedure and legalities the Excise & Taxation Officer on 19.10.2023 issued a

notice to the petitioner and directed the petitioner to appear by himself on 28.10.2023 before

the officer with all the books and the relevant documents, to explain the documents which

were taken into custody by the Excise & Taxation department.

5. That the petitioner after receiving the abovementioned notice paid a personal visit with all

the demanded books and documents to explain all whatever is been asked from the

petitioner. Officer in furtherance to which the concerned officer further issued a notice dated

17.11.2023 to the petitioner seeking some more information to assess whether the

petitioner’s business and activities carried out at the place of business come under the

purview of entertainment tax as per the Entertainment Act and rule 1955, and therefore

directed the petitioner to appear before the concerned officer on 22.11.2023 with relevant

documents in petitioners support.

6. That on 23.11.2023 the Excise & Taxation Officer-cum-Assessing Authority, even date

pronounced its verdict regarding the issue related to the assessment of taxes especially to

the tune of entertainment tax, whether the petitioner comes under the.

25
 purview of entertainment taxes and is liable to pay it with penalty or not. After going

through the proper rules and relevant sections of the act it was specifically held that

the activities of the owner were not covered under the definition of Entertainment as

per the Punjab Entertainment Act 1955.

7. However, to the utter shock and surprise of the petitioners, the Respondent sent a notice for

a fine of 10,00,000/-

8. It is further important to consider the fact that the Petitioner adheres with all the

requirements asked by the authority from time to time without any delay.

9. It is submitted that the respondent is highly arbitrary, illegal, and issued with a

predetermined mind to settle individual grudges of one of the officers.

10. The Petitioners having no other alternative and efficacious remedy have approached this

Hon’ble Court under Article 32 of the Constitution of India. The petitioners have not filed

any other petition on the same cause of action either itself or through anybody else. It is also

totally against the public interest and the fundamental rights of the Petitioner. Hence the

Petitioner is filing this petition on the following amongst other grounds.

GROUNDS

1. Because the instrumentality of the respondent is expected to act in the most fair, reasonable,

and transparent manner. But this action of the Respondent of not clearly goes to show their

high-handed and arbitrary attitude towards the Petitioner.

2. The Respondent is well aware of the fact that the. Hence in the interest of the

3. petitioner, the decision needs to be reviewed.

4. Because the action of the respondent by the notice coercing highly illegal and arbitrary.

26
5. Because it is important to consider that the Respondent Board has not only been acting in a

high-handed, and reckless manner but also in a very negligent manner

6. which is very evident from the fact that the Respondent Board has failed to respond to the

various grounds. This goes to show the attitude of the Respondent towards their primary

duty.

7. Because the facts in the present matter reveal that the decision taken by the Respondent

violates the fundamental rights under Articles 14 & 21 of the Constitution of India.

8. Because the action of the Respondent Board is illegal on grounds of non-application of mind,

arbitrariness, unreasonableness and for the fact that it has taken into account irrelevant

considerations and omitted relevant considerations and is further illegal and violative of the

rules.

PRAYER:

Therefore, on the facts and in the circumstances of the case it is most humbly and

respectfully prayed that this Hon’ble Court may graciously be pleased to:

1. issue a writ of mandamus or any other appropriate writ, order, or direction to quash and set

aside the order/notice issued by the Respondent,

2. issue a writ of mandamus or any other appropriate writ, order, or direction to the Respondent

not to proceed with any further actions pursuant to the aforesaid impugned order/notices.

3. pass such further or other orders which this Hon'ble Court may deem fit and proper in the

facts and circumstances of the case in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER SHALL, AS IN

DUTY BOUND EVER PRAY

27
[Signature of Petitioner] [Advocate for Petitioner]

Place: New Delhi, Date: 13/02/2025

DRAWN BY: FILED BY:

(Sujata Roy) (Mithilesh Ghosh)

ADVOCATE ADVOCATE FOR THE PETITIONERS

DRAWN ON: 22.08.2024

FILED ON: 28.08.2024

28
 INTERLOCUTORY APPLICATION
(Order 38 Rule 5 of CPC)
In the court of Civil Judge, Senior Division, at Calcutta
Application No 086/2013
In
Suit No 024/2020

Somnath Roy, son of Shri Badol Roy aged about 30 Years R/o 104/A,
Beleghata Main Road, Kolkata
. ... Petitioner(Plaintiff)
Versus
Gopal Dutt, son of Shri Nagarjuna Dutt aged about 39 Years R/o B-
8/56, Ideal Enclave Society, Gopalpur, Kolkata
. ... Respondent(Defendant)

INTERLOCUTORY APPLICATION UNDER ORDER XXXIX RULES 5 OF THE

CODE OF CIVIL PROCEDURE, 1908 FOR APPLICATION FOR
ATTACHMENT OF PROPERTY BEFORE JUDGEMENT.

MOST RESPECTFULLY SHOWETH:

1. That the Applicant has instituted the present Civil Suit before this Hon’ble
Court seeking recovery of an amount of ₹25,00,000/- (Rupees Twenty-Five
Lakhs only) from the Respondent, which is lawfully due and payable by the
Respondent. The said suit is pending adjudication before this Hon’ble Court,
and the Respondent has duly received summons to appear and contest the
matter.
2. That the Respondent, with the intention to frustrate the legitimate claim of
the Applicant and to defeat the execution of any decree that may be passed in
favour of the Applicant, has advertised the sale of her only immovable property,
being agricultural land, through a public notice in a widely circulated newspaper.
29
.
3. That as per the information available to the Applicant, the Respondent does not possess any
other tangible assets, movable or immovable, apart from the aforementioned agricultural
land. If the Respondent succeeds in disposing of the said property, the Applicant shall be
left remediless, and the decree, if granted, shall become unenforceable, thereby causing
irreparable loss and hardship to the Applicant.
4. That the conduct of the Respondent in attempting to alienate the property in question during
the pendency of the suit clearly indicates an attempt to evade any liability and frustrate
the execution of the decree. Such an act is unjust, inequitable, and prejudicial to the rights
of the Applicant.
5. That the cause of action for filing this application arose on [Date], when the Applicant
became aware of the advertisement published by the Respondent for the sale of her
agricultural land, thereby jeopardizing the rights of the Applicant and rendering the
pending suit infructuous.
6. That in the interest of justice and to safeguard the legitimate claim of the Applicant, this
Hon’ble Court may be pleased to pass an order of conditional attachment of the
Respondent’s agricultural land to ensure that the Respondent does not sell, alienate,
transfer, or create any third-party interest in the same until the final adjudication of the
present suit.
7. That the balance of convenience is in favor of the Applicant, as granting conditional
attachment will prevent the Respondent from rendering the decree inexecutable, whereas
no irreparable harm or prejudice shall be caused to the Respondent if such an order is
granted.
8. That unless this Hon’ble Court grants an order of conditional attachment, the Applicant
shall suffer grave and irreparable loss, which cannot be adequately compensated in
monetary terms.
9. That this Hon’ble Court has the jurisdiction to entertain and adjudicate upon the present
application.
PRAYER:
In view of the facts and circumstances stated above, it is most respectfully
prayed that this Hon’ble Court may be pleased to:
a) Pass an order of conditional attachment restraining the Respondent from
selling, alienating, transferring, or creating any third-party interest over her
agricultural land, as advertised in the newspaper, till the final disposal of the
30
suit.
b) Grant such other relief(s) as this Hon’ble Court may deem fit and proper in
the interest of justice, equity, and good conscience.
Place - Kolkata, West Bengal
Date - 25.09.2020
...........................................
Signature of applicant
...........................................
Signature of advocate

Verification
I, Somnath Roy, son of Shri Badol Roy aged about 30 Years R/o 104/A
Beleghata Main Road, Kolkata, the petitioner do hereby verify that the
contents of the interlocutory application from para 01 to 03 are true and correct
to best of my knowledge and personal belief. Nothing has been concealed
therein.

Place – Kolkata, West Bengal

Date – 25 September 2020
...................................
Signature of applicant
........................................
Signature of the advocate

31
 (Affidavit in Support of the Interlocutory Application)
In the Court of Civil Judge, Senior Division, at calcutta
Application No 086/2013
In
Suit No 024/2020
Somnath Roy, son of Shri Badol Roy aged about 30 Years R/o 104/A Beleghata Main
Road, Kolkata
. ... Petitioner(Plaintiff)
Versus
Gopal Dutt, son of Shri Nagarjuna Dutt aged about 39 years R/o B- 8/56, Ideal
Enclave Society, Gopalpur, Kolkata
. ... Respondent(Defendant)

I, Somnath Roy, son of Shri Badol Roy aged about 30 Years R/o 104/A Beleghata
Main Road, Kolkata, do hereby affirms as follows that the petitioner is fully acquainted
with the fact and circumstances of the case and the proforma attached with the
application contains the true fact. The statements made above are true and nothing has
been concealed.

Verification
I, Somnath Roy, son of Shri Badol Roy aged about 30 Years R/o 104/A Beleghata Main Road,
Kolkata, do hereby verify that the contents of this affidavit are true and correct to best of
my knowledge and personal belief. Nothing has been concealed therein.

Place - Kolkata, West Bengal

Date - 25.09.2020
…….........................................
Signature of applicant
…….........................................
Signature of the advocate

32
 APPLICATION FOR INTERIM INJUNCTION
IN THE COURT OF THE CIVIL JUDGE (SENIOR DIVISION),
AT BARASAT, WEST BENGAL
Civil Suit No. 0010/2025

In the Matter of:

Ayush Verma s/o Nikhilesh Verma aged 39 yrs

Resident of 30, Park Street

Kolkata, West Bengal ........................................... Plaintiff / Applicant

Versus

Arvind Roy s/o Ashish Roy aged 48 yrs

Resident of 104, A. J. C. Bose Road

Kolkata, West Bengal ....................................... Defendant / Respondent

APPLICATION FOR INTERIM INJUNCTION

(APPLICATION UNDER ORDER XXXIX RULES 1 & 2 READ WITH

SECTION 151 CPC, 1908 FOR GRANT OF TEMPORARY INJUNCTION)

MOST RESPECTFULLY SHEWETH:

1. That the plaintiff has filed the present suit for Permanent Injunction and Damages.
2. That it is the case of this plaintiff that the amicable division of property saw plaintiff taking
control of the restaurant business. Its trademark was registered in 1999, although it had been
in use since 1970.
3. That a prima facie case is established and further investigation or action is needed.
33
4. That the plaintiff submits that he demanded that when the respondent’s trademark got
registered and was using the same for advertisements and other purposes in the business. The
trademark of Respondent which because of its similarity to the plaintiff’s registered trade mark
is likely to cause confusion on the part of the public.
5. That the plaintiff, also submits that it may take a considerable time for the final decision in
this suit, therefore, the respondent shall be facing a temporary injunction restraining the
respondent from using the trademark registered. That if the respondents are not restrained there
will be irreparable loss suffered by the applicant.
6. The plaintiff, therefore, prays that your Honour finds it fit to deliver a show-cause notice to
the opposite party putting forward the reasons why the injunction shouldn’t be granted.
Pending hearing of such injunction petition, it is prayed that an interim injunction order is
passed to restrain the defendants from causing any harm to the disputed property.
7. That an affidavit in support hereof is filed herewith.

PRAYER
In view of the above-stated facts and circumstances, it is most respectfully prayed that this
Hon'ble Court may be pleased to:
a) Pass an order of temporary injunction restraining the Defendant, his agents, representatives,
and any other person acting on his behalf from using the Plaintiff’s trademark till the final
disposal of the suit.
b) Pass such further or other orders as this Hon'ble Court may deem fit and proper in the
interest of justice.
And for this act of kindness, the Plaintiff shall ever pray.
Place: Kolkata
Date:14/02/2025
Through Counsel
Utpal Basu
Kolkata

(Signature of the Plaintiff/Advocate)

Mr. Ayush Verma
34
 AFFIDAVIT

I, Ayush Verma, the present plaintiff, do hereby state on solemn affirmation as follows:
1. The property described in para 1 of the plaint originally Plaintiff is the owner of a restaurant,
‘Murgwala’s Best Butter Chicken (MBBC)’ situated at Kolkata, West Bengal.

2. That when the respondent found a new restaurant in Delhi in the year 2006 first, and later
in Kolkata in 2017, also got it registered in the year 2018 and started using it for
advertisements, promotions and other purposes.
3. That the plaintiff accordingly has spent a massive amount in advertising to generate revenue
for itself. Because of this, it has become immensely identifiable as a brand in itself.
4. That the plaintiff submits that the respondent has been obstructing the plaintiff in his
enjoyment of his property because the trademark of respondent’s being very similar to the
registered trademark of plaintiff and also the identity or similarity of the goods or services is
leading to loss to the plaintiff.
WHATEVER stated above is true and correct to the best of my knowledge and belief, and so
I have signed hereunder at PLAINTIFF

35
 PETITION FOR DISSOLUTION OF MARRIAGE UNDER THE
HINDU MARRIAGE ACT

IN THE HONOURABLE DISTRICT COURT OF TIS HAZARI

PETITION NO 4071 OF YEAR 2019

PETITION UNDER SECTION 13 (1) (ia) OF THE HINDU MARRIAGE ACT,

1955 READ WITH SECTION 7 OF THE FAMILY COURT ACT, 1984.

Jaya Sen

Age: 30 Years

Occupation: HR Manager at Red Bricks

Resident at 40, Bazar Ln, Bengali Market,

Todermal Road Area, Connaught Place,

New Delhi, Delhi 110001 … Petitioner

Versus

Gaurav Sen

Age: 36 Years

Occupation: Sales Manager at Bira

Resident at Plot 19, Sector 4, Dwarka,

Delhi, 110078 … Respondent

36
To,

THE HON’BLE PRINCIPLE JUDGE AND THE OTHER

JUDGES OF THIS HON’BLE COURT,

THE HUMBLE PETITION OF THE PETITIONER ABOVENAMED MOST

RESPECTUFLLY SHEWETH

The Petitioner above named respectfully submits as under:

1. That the marriage of the parties to the present petition was solemnized at Arya Samaj

Mandir, Karol Bagh, New Delhi as per Hindu rights and ceremonies. The parties were

married on 27th July 2014. Neither the Petitioner nor the Respondent belong to a

scheduled tribe under Section 2(2) of the Hindu Marriage Act, 1955.

2. That the status, age and place of residence ofthe parties to the marriage before the marriage

and at the time of filing the petition were/are as follows:

Petitioner/Wife

Description Status Age Place/Residence

At the time of Hindu 24 40, Bazar Ln, Bengali

marriage Market,
Unmarried
Todermal Road Area,
Connaught Place,

37
 New Delhi, Delhi 110001

At the time of Hindu 30 40, Bazar Ln, Bengali

filing the petition Market,
Married
Todermal Road Area,
Connaught Place,

New Delhi, Delhi 110001

Respondent/Husband

Description Status Age Place/Residence

At the time of Hindu 28 PN 24, Sector 20

marriage Dwarka, Dwarka, New
Unmarried Delhi, Delhi 110075

At the time of Hindu 36 Plot 19, Sector 4,

filing the petition Dwarka,
Married Delhi, 110078

3. The marriage was duly consummated and out of this wedlock a female child namely,

Pratiksha was born on 21st February 2017. Their daughter is currently and has always

been under the care and custody of the Petitioner alone.

4. The parties herein met through a common family acquaintance and an engagement party

was organised on 16th December 2013. After the marriage on 27th July 2014, the

Petitioner and Respondent went to Bali for their honeymoon. During the honeymoon

itself, the Respondent would leave the Petitioner alone at late night in a foreign country

to visit clubs without any notice.

5. Within three months of their marriage, on October 2014, the Respondent and his parents
pressurised the Petitioner to gather funds to purchase

38
 an SUV for them. The amount demanded was Rupees Twenty lakhs. The Petitioner

stood her ground and refused to yield to the demand due to the fact that her family has

already borne every cost for the wedding, the total amounting to Rupees Fifty lakhs.

Upon hearing this, the Respondent aggressively slapped the Petitioner which caused a

bruise near her eye.

6. Unfortunately, this cruel treatment continued throughout the course of the marriage. On

December 2014, the Respondent decided to stop sharing a room with the Petitioner. The

Petitioner was denied cohabitation in the same room and had to sleep in a separate room.

7. The Respondent further became unresponsive to the Petitioner’s essential rights

and demands during the same month.

8. In the month of December 2014, the Petitioner was also continuously deprived of

one of the necessities of marriage by the Respondent. The husband had grown

extremely reluctant towards maintaining any sort of physical relationship with the

Petitioner for no reason. The Petitioner had attempted to reconcile, however the

Respondent never cooperated in her endeavours and continued to neglect the

essential of the marriage and the needs of the Petitioner.

9. The Petitioner decided to leave the matrimonial house and returns to her parental home

after a year oftheir marriage due to the mistreatment cruelty inflicted upon her by the

Respondent mentioned in the above paragraphs.

10. Neither the Respondent nor his family attempted to make any sort of communication or
reconciliation and address the cruelty inflicted upon

39
 the Petitioner. The reconciliation happened only due to the societal pressure upon the family

in the month of December 2015. The husband and his family promised to put forward no

demands and to treat her without cruelty to the Respondent in order to bring her back to

the matrimonial home.

11. During their cohabitation, the Petitioner became pregnant and when she revealed it to the

Respondent and his family in the month of July 2016, they demanded her to undergo a

gender determination test. After refusing to comply with the same, the Respondent

pushed his wife who was in her first trimester of pregnancy across the room. Luckily,

the Petitioner was able to maintain her balance and no injuries were sustained as

a result of this cruel behaviour.

12. In order to escape from such a dangerous living space for her unborn child, the Petitioner

returns to her paternal home. During this period, the Respondent did not attempt any

communication or make any enquiry about the well-being of his wife, or the status of

her pregnancy.

13. On the 21st of February 2017, a daughter Pratiksha was born. The Petitioner had
to endure the delivery phase, where mental and physical faculties are challenged, on
her own without any support from the

Respondent.

14. After the delivery of the child, the Respondent did not even visit the Petitioner or the new
born daughter. Further he did not even partake in the medical expenses incurred by the
wife.

15. After two months of abstinent from his family and his responsibilities, the Respondent
eventually decided to visit the Petitioner on April 2017

40
 and asked her to return to the matrimonial home.

16. In the month of July 2017, upon the Petitioner’s request, the Respondent agreed

to shift with their new born daughter to a new home in Dwarka itself. The house was

situated at Plot 19, Sector 4, Dwarka, Delhi, 110078.

17. Thereafter, since the month of August 2017 to July 2018, for nearly a year, the
Respondent treated the Petitioner with cruelty on several instances namely:

• Hurled abuses at her and her family on a regular.

• Locked the Petitioner and Pratiksha in the bathroom if she cried during the
night.

• Regularly taunted the Petitioner for not birthing a baby boy.

• Threatened to marry someone else who would be able to bear a baby boy.

• Made the Petitioner cut ofall communication with her friends and family.

• Disallowed the maternal family of Pratiksha to meet her.

• Deprived her of food and water for a stretch of two days.

18. In addition to all this, the parties despite living in the same house, lived separate lives

since they moved in the new rented home as the Respondent would treat

their home as a hotel and stay there intermittently as and when she desired to

do so.

19. The petitioner upon receiving such treatment, decided to leave her matrimonial home
along with her daughter for the last time. Both the parties have been living
separately since August 2018.

41
20. The parties have not been able to reconcile their differences. The marriage has been

broken irretrievably on account of temperamental differences and physical as well as

mental ill treatment of the Petitioner by the Respondent. The Petitioner has not in any

manner been an accessory to or connived at or condoned the acts complained about

herein.

21. That the relationship between the parties had deteriorated to such an extent that it has
become impossible for them to live together without mental agony, torture or distress.

22. There has not been any unnecessary or improper delay in filing of the petition.

23. The Petitioner has not condoned by any act of cruelty on the part of the

Respondent.

24. The Petitioner has paid the requisite court fees of Rs. 100 and the process fees of
Rs. 50.

25. There has not been any previous proceeding with regard to the marriage by or on behalf of
the party.

26. There is no legal ground why the relief should not be granted.

27. The parties were married at Karol Bagh, New Delhi, within the local limits of the

jurisdiction of this Hon’ble court and hence, the Petitioner humbly submits that this

Hon’ble court has thejurisdiction to entertain this petition.

28. It is therefore humbly prayed:

a) That the marriage between the Petitioner and Respondent solemnised

on 27th July 2014 be dissolved by a decree of divorce

42
 under Section 13 (1) (ia) of the Hindu Marriage Act, 1955.

b) That the custody of the minor daughter be handed over to the

Petitioner.

c) That the Respondent is subjected to child maintenance.

d) For such further orders and reliefas this Hon’ble Court may deem

fit and proper as per the facts and circumstances of this case. Solemnly

affirmed in Delhi on the tenth day of November, 2019

Petitioner

Identified by me,

Advocate, District Court

Verification:

I, Jaya Sen, above named, do solemnly state, affirm and verify on the tenth day of November 2019

that the contents of paragraphs 1 to 22 of the above petition are true and correct to our knowledge

and the contents of paragraphs 23 to 30 are true to information and legal advice received by

us which we believe to be true and correct. No part of it is false and nothing material has been

concealed therefrom. The last paragraph is a prayer to this Hon’ble Court.

Petitioner

43
 COMPLAINTS UNDER SECTION 138 OF THE NEGOTIABLE
INSTRUMENTS ACT

IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, INDORE

[M.P]

COMPLAINT NO 239 OF 2020

IN THE MATTER OF:

Mr. Sujoy Roy COMPLAINANT

VERSUS

Mr. Rajendra Singh ACCUSED

COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE

INSTRUMENTS ACT, 1881 (AS AMENDED UPTO DATE) FOR THE SUM
OF RS. 100000

MOST RESPECTFULLY SHEWETH:

1. That the Complainant is working as Engineer and is residing at beside high court indore.
2. That the present complaint is being field by the complainant Mr. Sujoy Roy to cause
appearance in this Hon'ble Court and to depose and conduct the proceedings.
3. That on 24th January the accused namely Mr. Rajendra Singh had approached the complainant
personally and asked for a friendly loan of Rs. 1 lakh
4. That on 25th January complainant paid Rs. 1 lakh as friendly loan repayable on demand.
5. That towards payment of amount of loan the accused issued Cheque No. 4457 Dated
29/01/2020 for Rs. 1 lakh to the complainant. That in order to discharge their above said
liability and in accordance with the agreed terms and conditions, the accused had issued.
6. Cheque No. 9999 Dated 25th January 2020 for Rs. 1,00,000/- .
7. The said cheque was issued from Account No. 852963741852 which is held in the name of
the accused. That the present complaint is based on the dishonor of the above said cheque
which was issued in discharge of a lawful debt.

44
8. That at the time of handing over the above said cheque the accused had assured the complainant
that the said cheque will be honored/encashed on presentation. Taking the above
assurance/representation as true, the complainant had accepted the above said cheque. That
on the basis of the assurances given by the accused, the complainant presented the above said
cheque with its bankers namely BANK OF INDIA and was dishonored vide cheque return
advice dated 5th MARCH issued by the complainants bank. The aforesaid cheque was returned
unpaid vide returning memo dated 5TH OF MARCH with the remarks "FUNDS
INSUFFICIENT".
9. That the dishonor of the cheque clearly shows and establishes that the accused did not intend
to honor the amount under the said cheque.
10. That on account of the dishonor of the said cheque, the complainant had served a legal notice
dated 10TH March upon the Accused by way of Registered Post vide Receipt No. 88596 dated
11th March However, despite service of notice, the accused has not taken any steps to liquidate
his liability and has failed to make balance payments to the complainant towards the amount
covered under the said cheque, within the statutory period of 15 days or thereafter. Thus, the
Accused has, therefore committed an offence within the meaning of Section 138 and other
sections of the amended provisions of the Negotiable Instruments Act, 1881, for which he is
liable to be prosecuted and punished.
That the accused have failed to make payment against the said cheque which has been done
by them malafidely, intentionally and deliberately and knowingly. That at the time of issuing
the said cheques the accused were fully aware that the said cheques will not be honored on
presentation. Therefore, the accused has dishonestly induced the complainant to advance a
sum of 1,00,000 /- (Rupees Only) fully knowing that he cannot repay the said amount to the
complainant.
11. That the accused is guilty offence under Section 138, Negotiable Instruments Act and is also
liable to be prosecuted under Section 420 of the Indian Penal Code.
12. That in view of the facts and circumstances, the complainant has a cause of action and right to
file the present complaint. The cause of actions has arisen in favour of the complainant when,
on the expiry of the notice period, the Accused has not come forward to pay the amount relating
to the dishonored cheques. The cause of action is still subsisting and continuing in nature.
13. That the cause of action has arisen at 17th as the cheques was issued at 25th of januray, and the
same was payable at 5th of march and was also dishonored at 5th of march. Therefore this
Hon'ble Court has jurisdiction to try and adjudicate upon the present complaint.
14. That the complaint is well within limitation period prescribed under theAct:
i. Date of Dishonor 5th of march
ii. Date of Notice 11th march
iii. Date of filing Complaint 17th march
15. That a list of documents and list of witnesses are annexed with this complaint.

PRAYER

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

1. Summon, prosecute and punish the Accused and also direct the accused to pay the amount as
double to the amount covered under the said dishonored cheques, under the provision

45
 of Section 138 read with Section 142 of the Negotiable Instruments Act,1881 as amended by the
Negotiable Instrument laws (Amended and Miscellaneous Provisions) Act, 2002.

2. In accordance with Section 357 of Code of Criminal Procedure 1974, out of the penalty
imposed, the Accused be ordered to compensate the Complainant to the extent of Rs.1,00,000
and
3. Such other and further orders may be passed as may be deemed fit and proper by this Hon'ble
Court.

It is prayed accordingly.

PLACE:

DATED:

COMPLAINANT

THROUGH:

TYZ ADVOCATES.

AFFIDAVIT

I, Sujoy Roy, S/O Ashish Roy, aged 28 years, by occupation Student, residing at 109A/26
Motilal Main Road, Indore 459739, do hereby solemnly affirm and declare as follows:

1. That I am the Complainant in the above-mentioned case and, as such, I am well

conversant with the facts and documents of this case.

2. That the statements made in Paragraphs 1 to 14 of the complaint are true and

correct to my knowledge and belief.

3. That the statements made in the prayer portion of the complaint are my humble

legal submissions before this Hon’ble Court.

Verified at Indore on this 17/02/2025.

[Complainant’s Signature]

[Advocate’s Signature]

46
 MUTUAL DIVORCE PETITION
(Under Section 13B of the Hindu Marriage Act, 1955)

IN THE COURT OF THE HON’BLE FAMILY COURT, KOLKATA,

WEST BENGAL
Matrimonial Petition No. 7856 of 2024

IN THE MATTER OF:

1. Mr. Arpan Dey
S/o Biswajit Dey,
Aged about 35 years,
Resident of 100/H, M.G Road, Kolkata, West Bengal,
(Hereinafter referred to as “Petitioner No. 1”)

AND
1. Mrs. Triparna Dey
D/o Mr. Anil Roy,
Aged about 30 years,
Resident of 15/A, Phoolbagan, Kolkata, West Bengal,
(Hereinafter referred to as “Petitioner No. 2”)
… Petitioners

PETITION UNDER SECTION 13B OF THE HINDU MARRIAGE ACT, 1955 FOR
DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT
MOST RESPECTFULLY SHOWETH:
1. That the marriage between Petitioner No. 1 and Petitioner No. 2 was solemnized on 9th
December 2014 at Kalighat Temple, Kolkata, according to Hindu customs and rites. A certified
copy of the marriage certificate (if available) is annexed herewith as Annexure A.
2. That after the marriage, the parties cohabited together as husband and wife at 100/H, M.G
Road, Kolkata, but due to irreconcilable differences and incompatibility, they have been living
separately since 30th June 2022.
3. That despite sincere efforts by both parties and their respective families, no reconciliation has
been possible, and the marriage has broken down irretrievably.
4. That both the Petitioners have voluntarily agreed to dissolve the marriage through mutual
consent under Section 13B of the Hindu Marriage Act, 1955, without any undue influence,
coercion, or fraud.

SETTLEMENT OF MARITAL RIGHTS AND OBLIGATIONS

1. That both Petitioners have amicably settled all disputes regarding alimony, maintenance, child
custody, and property division as follows:
a. Permanent Alimony and Maintenance: Petitioner No. 1 has agreed to pay
a one-time lump sum amount of ₹ 8,00,000 to Petitioner No. 2 as full and

47
 final settlement, and no further claims shall arise in the future. A
Memorandum of Settlement is annexed as Annexure B.
b. Child Custody (If Applicable): The parties have agreed that the custody of
the minor child Rayan Dey shall remain with Petitioner No. 2, and
Petitioner No. 1 shall have visitation rights as per agreed terms.
c. Property Settlement: Both parties have agreed that Petitioner No. 2 shall
retain the jointly owned flat at Ballygunge Place, Kolkata, and Petitioner
No. 1 shall not have any claim over it.
2. That there is no pending litigation, criminal case, or domestic violence case between the
Petitioners before any court of law.
3. That both Petitioners affirm that they have been living separately for a period of more than one
year immediately preceding the filing of this petition and there is no chance of reunion .

PRAYER
In view of the foregoing facts and circumstances, the Petitioners most respectfully pray that this
Hon’ble Court may be pleased to:
a) Grant a decree of divorce dissolving the marriage between the Petitioners under Section 13B
of the Hindu Marriage Act, 1955.
b) Direct the implementation of the settlement terms agreed between the parties.
c) Pass any other order(s) that this Hon’ble Court may deem just and proper in the interest of
justice.
And for this act of kindness, the Petitioners shall ever pray.
Place: Kolkata
Date:

(Signature of Petitioner No.1) (Husband)

Mr. Arpan Dey

(Signature of Petitioner No.2) (Wife)

Mrs. Triparna Dey

(Advocate for Petitioners)

Adv. Kuntal Sarkar

48
49
PART-II CRIMINAL PROCEEDINGS

50
 COMPLAINT

IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE AT

MUMBAI.

CRIMINAL CASE NO.196 OF 2021

(Affix Court Fee stamp of Rs. 100)

IN THE MATTER BETWEEN:

Mrs. Reena Mathur an Individual, Indian, aged 70 Having her place of

residence at 801, Bombay Towers, Byculla, Mumbai-400001

. .... COMPLAINANT

VERSUS

Mr. Abhay Lakadwala and Others an Individual, Indian, aged 55 Having his place of
residence at 450, Sunshine Towers,
Byculla, Mumbai-4000

……ACCUSED

INDEX

Sr.no Particulars Page. No

1 Complaint under section 200 r/w section 156(3) of
the Criminal Procedure Code
2 Affidavit in Support of Complaint
3 List of Document
4 Memo of Complainant

51
 5 Annexure B: Copy of marriage certificate and its
registration.
6 Annexure C: Copy of the medical reports

7 Annexure D: Copy of Statement of Bank details,

and the details of the payment along with the
receiving slip of Banks

8 Annexure E: Copy of the Death Certificate

9 Annexure F: Copy of all the documents

of Property and assets.
10 Annexure G: Copy of the Jewellery bill
11 Annexure H: The copy of the medical reports, EGC
Report.
12 Annexure I: Copy of Complaint given to the Police,
SHO & Commissioner of Police dated 15.11.21

14 List of Witnesses
15 Vakalatnama

IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE

AT MUMBAI
CRIMINAL CASE NO.196 OF 2021

IN THE MATTER BETWEEN:

Mrs. Reena Mathur an Individual, Indian, aged 70 Having her place of

residence at 801, Bombay Towers, Byculla, Mumbai-400001

……COMPLAINANT

VERSUS

Mr. Abhay Lakadwala and Others an Individual, Indian, aged 55 Having his place of
residence at 450, Sunshine Towers, Byculla, Mumbai-4000

……ACCUSED

52
 COMPLAINT U/SECTION 200 r/w SECTION 156(3) OF CRIMINAL
PROCEDURE CODE UNDER SECTION 350,351,378,441,442,503,506 AND
SECTION 498A OF THE INDIAN PENAL CODE.

MOST RESPECTFULLY SHOWETH:

1. The Complainant, Mrs. Reena Mathur, an Indian Habitant, aged 70 year-old senior citizen
widow residing at her matrimonial home, 801, Bombay Tower, Byculla, Mumbai 400001. Mrs.
Reena Mathur has no close relative she could live with, or could rely upon for care, nor does
she have her own children. Moreover, she is a heart patient currently undergoing treatment,
has no money to pay for her bills, and all her assets have been taken over by her stepchildren.
It is the duty of the children to maintain their parents whether its stepchildren or your own.The
copy of id proof of the victim is annexed herewith as (Annexure A).

2. The Complainant married Late Mr. Raj Mathur in the year 1990.This was the second marriage
of Mr. Raj Mathur, his first marriage was with Mrs. Samira Mathur in 1980. Mr. Mathur had
7 daughters namely Tara, Zara, Teena, Riya, Jaya,Taruna and Seema from his first wife Mrs.
Samira Mathur. These 7 daughters are step-daughters of the Victim.The copy of marriage
certificate and its registration of Mr. and Mrs Mathur is annexed herewith as (Annexure B).

3. In 1996 Mr. Raj Mathur Suffered from major paralysis and was bedridden. The copy of the
medical report of Mr. Raj mathur is annexed herewith as (Annexure C). When Mr. Raj Mathur
was completely alright and before getting paralysis attack he secured Complainant’s future by
investing approximately INR 12 crore in Mutual Fund deposit on her name and made various
savings in Bank of India. Complainant had cordial relations with all her step daughters when
Mr. Raj Mathur was alive. The copy of Statement of Bank details, and the details of the payment
along with the receiving slip of bank is annexed herewith as (Annexure D).

53
4. Mr. Raj Mathur died on 2nd November 2020 due to cardiac arrest at his residing house. The
copy of the Death Certificate is annexed herewith as (Annexure E). After the Demise of Mr.
Raj Mathur, all the seven daughters came to know about all the savings, fixed deposit and
mutual funds for the Complainant which was secured by Mr. Raj Mathur. All The Seven
daughters who were living a happily married life along with their husbands started torturing
her by banging doors and also by calling at midnight to blackmail Complainant with the
intention of usurping all the jewellery, monies and all assets which belongs to Complainant.
The Copy of all the documents of Property and assets is annexed herewith as (Annexure F).

5. On 1st December 2020, Mrs. Tara Lakadwala stole 5 gold bangles which were the property of
Complainant. The copy of the Jewellery bill is annexed herewith as (Annexure G). Further,
Mrs. Tara Lakadwala also locked all 3 bedrooms of the 3-BHK then along with her husband
Mr. Abhay Lakadwala, Mrs. Tara Lakadwala forced the Complainant to vacate the house
immediately and to sign various documents pertaining to Mr. Raj Mathur invested by
frequently threatening her by showing a revolver that if she didn't vacate the matrimonial
premise he would kill her by sending goons inside the house.

6. The Complainant in the past 3 years has suffered from a major paralysis attack and is
undergoing treatment under the treatment of Dr Siddarth Patil. She has no children of her own
and no money left to purchase her medications, or to pay medical, utility and other bills. The
children threatened the Complaint that if she doesn’t peacefully leave the house, we will ensure
that we give heart attack which will not look like a murder but it is a murder. This problem has
caused a lot of stress to the Complainant. Considering that she is a heart patient, this kind of
stress is very harmful for her health. The copy of the medical reports & EGC report of Mrs.
Reena Mathur is annexed herewith as (Annexure H).

7. The Complainant sought the help of Mr. Harsh Mathur of a distant relative of Mr. Reena
Mathur on 15th November, 2021 and submitted a written complaint at Byculla Police Station
containing details of the harassment and cruelty faced by her, and seeking that an FIR be lodged
against the accused mentioned in the title above under section 350, 351, 378, 441,442, 498A,
503 and 506 of the IPC. However, the following was not accepted by the police officer on duty,
and he stated that actions cannot be taken in such a case. However, Mr. Harsh also reported
the issue in writing to the Police

54
 (Station House Officer and then to the Commissioner of Police), however, no action was
taken. The Copy of Complaint was given to the Police, SHO & Commissioner of Police,
and is annexed herewith as. (Annexure I).

8. The Complainant, Mrs Reena Mathur with the help of her distant relative Mr. Harsh Mathur
by their legal council under this matter has approached this hon'ble court be pleased to exercise
its jurisdiction under section 156(3) and this hon'ble court be pleased to direct the concerned
police station to investigate the offences committed by the accused and also to direct the
concerned police station to register an FIR against the accused considering the facts and
circumstances of the case.

PRAYER

In the view of the aforesaid submission made herein and in the interest of the justice, it is
therefore most respectfully prayed that this Hon’ble Court may graciously be pleased to:

1. Direct the Byculla police station to register the FIR against the Accused persons herein under
section 498A of Indian Penal Code for the crimes mentioned hereinabove.

2. Take cognizance of the offence, contents per-se amount to commission of offences, as

indicated above, without anything more.

3. Summon and punish the accused person for committing the offences under section 350
Criminal Force, 351-Assault, 378-Theft, 441-Criminal Trespass,442- House Trespass of the
Indian Penal Code.

4. Pass such an order or further order as the Hon’ble Court may deem fit and proper in the facts
and circumstances of the case.

AND FOR THE ACT AND THE KINDNESS, THE HUMBLE APPLICANT AS IN DUTY
BOUND, SHALL EVER PRAY.

COMPLAINANT

55
 VERIFICATION

I, Mrs. Reena Mathur. Age: 70 years, Occupation: H/Wife, adult Indian Inhabitant, presently
Residing at - 801, Bombay Tower, Byculla, Mumbai 400001. do hereby state and declare on
solemn affirmation that, whatever is stated in the above paragraphs is true and correct to the best
of my knowledge and belief and believe the same to be true.

(Solemnly affirmed at Mumbai) This

day of

Deponent/Applicant

Advocate for Applicant

IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE AT

MUMBAI
CRIMINAL CASE NO.196 OF 2021

IN THE MATTER BETWEEN:

Mrs. Reena Mathur an Individual, Indian, aged 70 Having her place of

residence at 801, Bombay Towers, Byculla, Mumbai-400001

…..COMPLAINANT

56
 VERSUS

Mr. Abhay Lakadwala and Others an Individual, Indian, aged 55 Having his place of
residence at 450, Sunshine Towers, Byculla, Mumbai- 400001
……ACCUSED

AFFIDAVIT

I, Mrs. Reena Mathur. Age: 70 years, Occupation: H/Wife, adult Indian Inhabitant, presently
Residing at - 801, Bombay Tower, Byculla, Mumbai 400001, do hereby state and submit on
solemn affirmation that:

I say that the present Complaint is filed by me against all the Accused person’s and the facts
and circumstances are more particularly set out in the foregoing paragraphs of the Complaint, I
repeat, reiterate and confirm what is stated by me in the Complaint and say that the facts stated
therein are true and correct.

COMPLAINANT

(Solemnly Affirmed at Mumbai on) This

day of 2021

Advocate for Complainant.

57
 IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE AT
MUMBAI
CRIMINAL CASE NO.196 OF 2021

IN THE MATTER BETWEEN:

Mrs. Reena Mathur an Individual, Indian, aged 70 Having her place of

residence at 801, Bombay Towers, Byculla, Mumbai-400001
…….COMPLAINANT

VERSUS

Mr. Abhay Lakadwala and Others an Individual, Indian, aged 55 Having his place of
residence at 450, Sunshine Towers, Byculla, Mumbai-400001
……ACCUSED

LIST OF WITNESSES:

5. Mr. Harsh Mathur

6. Any other person who is permitted to be summoned by the Complaint on the order of this
hon’ble Court.

Advocate for Applicant

Date:

Place:

58
Annexures to be attached with the Complaint:

7. List of witnesses to be examined with name and address.

8. ID proof of Complainant

9. Copy of Death Certificate

3. Photocopy of medical bills, property documents and assets.

1. Medical Certificate issued by the CMO of Government Hospital

2. Copy of FIR No and FIR No dated filed

by Mr. .

3. Copy of Complaint given to the Police Station at on

4. Copy of Complaint sent to the Senior Superintendent of Police at on

5. Any other relevant document related to the incident.

59
 CRIMINAL MISCELLANEOUS PETITION

IN THE COURT OF SECOND ADDL. JUDICIAL MAGISTRATE OF

CALCUTTA

CR.L.M.P.NO.259 OF 2024 M.C. No. 48 OF 2023

Rajkumar Singh …… Petitioner

Vs

Alok Roy Chowdhury …… Respondent

Petition filed on behalf of the Petitioner U/Sec 128 Cr. P.C
1. The petitioner submits that he filed the above M.C. for grant of separate maintenance on
31.12.2023 against the respondent seeking a sum of Rs. 500 per month to be awarded.
2. The Honourable Court, after due contest, by order dated 06.01.2024 granted maintenance
to the petitioner directing the respondent to pay a sum of Rs. 400 per month to the
petitioner from 01.01.2024 and keep praying in future.
3. The petitioner submits that, the respondent has not paid any maintenance so far, and these
disobeyed the order of this honourable court.
4. The petitioner further submits that the arrears of maintenance from 01.01.2023 to
31.03.2024 to Rs. 6000/-
5. It is therefore prayed that the honourable court may be pleased to commit the respondent
to prison for such kind has the law required or till he paid the arrears of maintenance.

XYZ Rajkumar Singh

Advocate for the Petitioner Petitioner

60
 VERIFICATON
I, the petitioner, to hereby declared that the facts stated above or true and correct
to the facts stated above or true and correct to the best of my knowledge information
and belief.

Date: Rajkumar Singh

Petitioner

61
 BAIL APPLICATION

IN THE HON’BLE COURT OF THE SPECIAL COURT AND

SESSION JUDGE, MUMBAI

CRIMINAL BAIL APPLICATION NO. 976 OF 2018

(C.R. NO. 299 OF 2018)

(Paydhuni Police Station, Mumbai)

Nadim Abdullah

Age 22 Years,

Residing at: F- 301, Krishna Residency,

Plot No.99, E, Near Balaji Garden, Sector 12 E

Koparkhairane, Khernagaon,

Navi- Mumbai – 400709 …Applicant

Versus

State of Maharashtra

(Through Paydhuni Police Station, Vikhroli) …Respondent

62
APPLICATION ON BEHALF OF THE APPLICANT /ACCUSED FOR BAIL
U/S. 439 OF CR.P.C.

MAY IT PLEASE YOUR HONOUR:

a. The applicant is a citizen of India having his permanent address as shown in the

above title of this petition.

b. The Applicant/Original Accused begs to approach this Hon’ble Court by filing this

Criminal Application under the provisions of Sections 439 of Criminal Procedure

Code seeking grant of bail in a case registered with the Paydhuni Police Station,

Mumbai Vide C. R. No.299 of 2018 under section 8(C), 21 of NDPS Act, 1985.

c. The Applicant most respectfully submits that the Applicant is a law abiding and

respectable Citizen of India.

d. The Applicant states that FIR No.299 of 2018 was registered by the Paydhuni Police

station, Mumbai on 15.12.2018 under section 8(C), 21 of NDPS Act, 1985 against

the applicant and two other persons on the information received from one whistle

blower.

e. The Applicant further states that applicantwas arrested by Paydhuni Police on 15/12/2018

at about 00.45 hrs for theoffence section 8(C) and 21 of NDPS Act, 1985.

63
f. It was alleged in the said FIR and remand report that on 14.12.2018 in between

21.00 to 23.00 hours, one person named Nadim Abdullah, age 22 deals in large

number of brown sugar and he was about to come to Hut number 27 opposite, Surat

Street, next to Sadan Building, Sant Tukaram Road, Masjid Bunder (East), Mumbai.

g. The Applicant/Accused was arrested by the Paydhuni Police Station, Mumbai at

00.45 hrs in connection to the alleged offence. Police arrested in connection with

the said alleged offence when he had visited there for his personal work. The

Applicant/Accused was produced before the Learned Chief Metropolitan Magistrate

2nd Court, Siwari, Mumbai on 15.12.2018. The Learned Court was pleased to grant

his police custody till 17.12.2018. The Accused was produced before this Hon’ble

Court on 17.12.2018 and the Hon’ble court was pleased to remand his police custody

till 20.12.2018. On 20.12.2018 when the Accused was produced, this Hon’ble court

was pleased to remand him till 24.12.2018.

h. That the Applicant was produced again before this Hon’ble court on 24.12.2018.

On 24.12.2018, the Hon’ble court was pleased grant him Judicial custody till

07.01.2019. Hereto annexed the copy of Remand Report as Exhibit “A”.

i. That the Applicant accused is in jail custody since 24.12.2018 and there is no

progress in the investigation.

j. That this is the first bail application after case is committed to the Special court.

64
k. The Applicant states that the applicant approaches this Hon’ble Court as and by

way of filing the present Criminal Application seeking grant of bail under the

provisions of Section 439 of Criminal Procedure Code on the following amongst

other grounds which are taken without prejudice to each other, namely:

a. The applicant is totally innocent and has been falsely implicated in the

aforesaid offence. The Applicant is a qualified person. The Applicant has

not committed any offence much less the offence punishable by death or life

imprisonment. That the applicant was arrested by the police on 14.12.2018

section 8(C), 21 of NDPS Act, 1985, but the there is no any cogent evidence

with the Investigation officer to prove any alleged offence against the

Applicant. It is pertinent to note that till date of arrest of the applicant there

was nothing recovered from the applicant other than the alleged recovery

made at the time of his arrest.

b. That the applicant is a third year student of Sales and marketing degree and

he is learning in of Tata Institute of Social Sciences. When the applicant was

arrested on 15.12.2018 at 00.45, the applicant was to attend his practical at

Examination Centre at Mindspace, Malad. Hereto annexed his Identity card

and exam time table as Exhibit “B” and Exhibit “C” respectively. His final

Exam will also be conducted in the month of April –May 2019n. If he is kept

behind bar he will miss his final degree examination.

65
c. That the Applicant was suffering from pneumonia since 3 rd of December,

2018. Despite this, he is shown to be arrested on 15.12.2018 at 00.45 Hrs also

creates doubts at the prosecution. Hereto annexed and marked the copy of the

medical papers as Exhibit “D”.

d. The mandatory procedure of search and investigation is not followed by the

prosecution under section 50 of the NDPS. Despite applicant is highly

qualified and literate, he was forced to give his thumb impression instead his

signature on his own permission to carry out a search and seizer of his

clothes. also the police officer failed to give the report to his immediate

official superior within 72 hours of the search and seizer as stipulated under

section 50(6) of the NDPS Act.

e. That the seizer of the Applicant was taken by the Police constable but the

Section 42 of the NDPS Act states that the seizer shall be conducted by an

officer superior in rank to Peon, Sepoy or constable. The Prosecution

miserably failed to comply the mandatory procedure under section 42 of the

NDPS Act.

f. That when the Applicant/accused was arrested, the “Gard Powder” having

light colour was shown to be seized from the Applicant. That 33 Gms

Quantity of the alleged recovery of “Gard Powder” is made by the

prosecution falls under the category of the small quantity for which the

accused/Applicant can be enlarged on the bail.

66
g. That as per the remand report one lady is shown to be arrested which also

creates doubts at the prosecution. Thus it shows that prosecution has

concocted the false story against the Applicant/Accused.

h. The house of the Applicant was searched by the police but no any recovery

is made or any suspicious material was found from the applicant’s

67
house. Thus it shows that the Applicant has been falsely implicated in this.

alleged crime.

i. That the report of the sample sent to forensic lab is not yet obtained by the

prosecution, whether it’s a “Gard powder” or anything else.

j. That there is no any recovery from this applicant and nothing is to be

recovered from this applicant. There is no legally admissible material on

record to connect the present applicant with the alleged offence.

k. That there is no any recovery from the applicant and he has been implicated

in this case merely on the accusation of the informant which is totally wrong.

l. The applicant has no criminal antecedents at all. He belongs to very

respectable and good family. The applicant is the permanent resident of the

address mentioned above.

m. That the mandatory notice under section 41-A has not been served upon the

Applicant. He was arrested by the police when he was verbally called at the

police station and when he visited himself to the police station but in FIR has

been mentioned that he was arrested at the residence which is totally wrong.

The Applicant accused visited the police station which shows that he will

available for Trial and there is no any possibility that he will not jump over

bail if granted bail.

68
n. It is pertinent to note that the applicant is the sole earning member of his

family and if he is kept behind bar, his entire family will be starving for bread

and butter.

o. The applicant is ready to co-operate with the investigating machinery as and

when necessary for the investigation.

p. The applicant is resident of the above address since so many years and there

no possibility that the Applicant will jump over the bail as he is permanent

resident of the address mentioned above. Hereto annexed and marked the

copy of his Aadhar Card as Exhibit “E”.

q. The Applicant is ready to furnish security bond as per directions of this

Hon’ble Court.

r. The applicant undertakes to abide by all the terms and conditions which may

be imposed by the Hon’ble court while granting anticipatory bail to the

applicant .

s. The applicant undertakes to co-operate with Investigation as and when

necessary.

69
 The applicant craves leave to add to, alter, amend,

modify and /or delete any of the aforesaid paragraphs if and when necessary.

t. The applicant states that the applicant has not filed any other petition either

in this Hon’ble Court nor any other Court of India seeking the relief as

prayed for in this petition.

u. The applicant further states that applicant do not have any other

alternative efficacious remedy available to him.

v. It is therefore prayed that on behalf of the applicant that:

i. The applicant may be released on bail any terms and condition as the

Hon’ble Court deem fit and proper in the circumstances of the case;

ii. To pass any such other and further order as this Hon’ble Court deem

fit and proper in the facts and circumstances of the case;

AND FOR THIS ACT OF KINDNESS THE APPLICANT SHALL AS IN DUTY BOUND
EVER PRAY.

Mumbai dated this .......... day of December, 2018

Advocate for the Applicant

70
ANTICIPATORY BAIL APPLICATION

IN THE COURT OF DISTRICT & SESSIONS

JUDGE, ROHINI COURT, DELHI

BAIL APPLICATION NO. 678 of 2018

IN THE MATTER OF:

NIKUNJ SHAHI ……

APPLICANT/ACCUSED

VERSUS

THE STATE
(GOVT. OF NCT, DELHI) …… RESPONDENT

FIR NO. : 0325/2018 DATED 14.09.2018

U/S : 323/342/34 IPC; 75/79 JJ ACT; 8 POCSO
P.S. : MAURYA
ENCLAVE DIST: NORTH WEST
DELHI
INDEX

S.NO. PARTICULARS PAGES COURT FEES

iii. Memo of parties

iv. First application u/s 438 Cr.p.c

seeking anticipatory Bail

along with Affidavit

71
 v. ANNEXURE-A

True copy of FIR no 0325/2018

vi. ANNEXURE-B

True copy of order dated 01/10/2018

vii. Vakalatnama

FILED BY:

Pradeep Rana & Associates

Advocates & Legal Consultants

DELHI
DATED: 27.10.2018

72
 IN THE COURT OF DISTRICT & SESSIONS
JUDGE, ROHINI COURT, DELHI
BAIL APPLICATION NO.678 of 2018

IN THE MATTER OF:

NIKUNJ SHAHI ……

APPLICANT/ACCUSED

VERSUS

THE STATE
(GOVT. OF NCT, DELHI) …… RESPONDENT

FIR NO. : 0325/2018 DATED 14.09.2018

U/S : 323/342/34 IPC; 75/79 JJ ACT; 8 POCSO
P.S. : MAURYA
ENCLAVE DIST: NORTH WEST
DELHI

MEMO OF PARTIES

NIKUNJ SHAHI
S/O SH. HARISH SHAHI
R/O G & JU 3B,
PITAMPURA, DELHI … APPLICANT/ACCUSED

VERSUS

THE STATE
(GOVT. OF NCT, DELHI) … RESPONDENT

73
FILED BY:

Pradeep Rana & Associates

Advocates & Legal Consultants

Delhi.

Dated: 27.10.2018

74
 IN THE COURT OF DISTRICT & SESSIONS
JUDGE, ROHINI COURT, DELHI
BAIL APPLICATION NO. 678 of 2018

IN THE MATTER OF:

NIKUNJ SHAHI ……

APPLICANT/ACCUSED

VERSUS

THE STATE
(GOVT. OF NCT, DELHI) …… RESPONDENT

FIR NO. : 0325/2018 DATED 14.09.2018

U/S : 323/342/34 IPC; 75/79 JJ ACT; 8 POCSO
P.S. : MAURYA
ENCLAVE DIST: NORTH WEST
DELHI

FIRST APPLICATION UNDER SECTION 438 OF CODE OF CRIMINAL

PROCEDURE FOR GRANT OF ANTICIPATORY BAIL; FOR AND ON
BEHALF OF APPLICANT/ ACCUSED NAMELY NIKUNJ SHAHI

MOST RESPECTFULLY SHOWETH:

The present case FIR was registered on the complaining statement of Victim S who stated
that Applicant/ Accused used to hit her and touch her inappropriately. True copy of FIR is
annexed herewith and marked as Annexure-A.

THE APPLICANTS/ACCUSED IS SEEKING HIS RELEASE ON BAIL ON THE

FOLLOWING AMONGST OTHER GROUNDS:
75
1. The Applicant/ Accused is a young boy aged merely 23 years, and is currently pursuing his
studies, and is also gainfully employed. The Applicant is a permanent resident of Delhi, residing at
the address as mentioned in the memo of parties since more than two decades. The Applicant is a law
abiding and peace loving citizen of this country, who has never been found guilty for violating the
law of the land.

2. The Applicant has been falsely implicated in the above noted case by the Victim child at the
instance of some interested persons. The Applicant is a working individual and his working hours
are from 9 AM to 9 PM each day. Moreover, since last two months before the registration of the
present case FIR, the Applicant was traveling and residing at Punjab for work purposes.

3. It is humbly submitted that the family of the victim child comprises of her mother namely Itvariya,
who is a widow, one younger brother and one sister. About one year ago, victim child along with
her mother and sister had come to Delhi. The mother of the child victim was working as domestic
aid at the residence of the Applicant. As she hails from a village in Jharkhand, she and both her
daughters including the victim child used to reside at the house of Applicant only.

4. Approximately a month back from the registration of the present case FIR, mother of the victim
child had to travel back to Jharkhand to attend to her minor son who had fallen drastically ill. She
left both her daughters behind at Delhi, and went to attend to her son. The victim child wanted to
go with her mother, but was left behind at Delhi only due to financial constraints. Consequently, the
child was homesick.

5. On the day of alleged incident, the victim child being alone at home tried to escape from the house
to go to her mother and while trying to escape through the balcony of the house, which is situated
at first floor of the complex, she encountered a fall and sustained injuries in such attempt.

76
6. The Applicant reiterates that he has been falsely and deliberately implicated in the present case,
to which vague and superfluous allegations under POCSO Act have been added to increase the
gravity of the offence.

7. That the impropriety of the allegations is apparent from the fact that such activities have been
alleged to have been committed under the watch of the mother and sister of the victim child.

8. The Applicant apprehends that on the basis of the allegations contained in the said case FIR, the
police authorities are likely to arrest/ detain him. The Applicant is a respectable citizen of this country
and has established reputation in the locality in which he stays.

9. No recovery is to be effected from or at the instance of the Applicant, and therefore, his custodial
interrogation is not necessary. The Applicant undertakes to join investigation as and when directed
by this Hon’ble Court and to extend his full cooperation to the police.

10. That co-accused namely Chitra Shahi has been granted interim protection in the present case FIR
by the Hon’ble Delhi High Court vide order dated 01/10/2018. True copy of said order is annexed
herewith and marked as Annexure-B.

11. It is humbly submitted that co-accused persons Chitra Shahi and Dhriti Shahi have already joined
investigation in the present case FIR. Therefore, there is no apprehension of Applicant fleeing from
investigation if released on bail by this Hon’ble Court.

12. The victim child along with her sister has been staying at Nirmal Chhaya since registration of
the present case FIR, and therefore, there is no probability of Applicant trying to influence the
witnesses or tampering with evidence.

13. It has been categorically laid down by the Apex Court in the landmark judgment of Arnesh
Kumar v. State of Bihar & anr. (Crl. A. No. 1277 of 2014) that:

“…All the State Governments to instruct its police officers not to automatically arrest
when a case under Section 498-A of the IPC is registered but to satisfy

77
 themselves about the necessity for arrest under the 17 Page 18 parameters laid down
above flowing from Section 41, Cr.P.C:

…We hasten to add that the directions aforesaid shall not only apply to the cases under
Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand,
but also such cases where offence is punishable with imprisonment for a term which may
be less than seven years or which may extend to seven years; whether with or without
fine.”

The maximum imprisonment for all the offences alleged against the Applicant is less than
seven years, which is squarely covered by the aforementioned judgment of the Apex
Court.

14. As held by the Apex Court in Siddharam Saltingappa Mhetre v. State of Maharashtra:
MANU/SC/1021/2010: AIR 2011 SC 312, frivolity in prosecution should always be considered
and in the event of there being some doubt as to the genuineness of the prosecution, in the normal
course of events, the accused is entitled to an order of bail.

15. It is a basic rule of criminal jurisprudence that anticipatory bail must not be refused as if a
punishment before trial is being imposed. The only material consideration in such a situation is
whether the accused would be readily available for his trial and whether he is likely to abuse the
discretion granted in his favour by tampering with the evidence. For mere interrogation arrest of the
accused is not at all necessary. [Sajjan Kumar v. State 1991 Cri LJ 645, 653 (Del)].

16. Any other ground (s) which may be raised at the time of arguments with permission of this
Hon’ble Court.

17. The Petitioner has not filed any similar application before any other Court.

78
PRAYER

In the light of the facts enumerated herein above it is respectfully prayed that this Hon’ble Court
may graciously be pleased to:

 In the event of arrest of the Applicant, kindly direct the release of the Applicant on
anticipatory bail in Case FIR No. 0325/2018 u/s 323/342/34 IPC; 75/79 JJ ACT; 8 POCSO,
registered at P.S. Maurya Enclave;
 Pass an ad-interim order/direction restraining the arrest of the Applicant in Case FIR No.
0325/2018 u/s 323/342/34 IPC; 75/79 JJ ACT; 8 POCSO, registered at P.S. Maurya Enclave;
 Any other order (s) which this Hon’ble Court may deem fit in the facts and circumstances
of the present case.

APPLICANT/ACCUSED

FILED BY:

Pradeep Rana & Associates

Advocates & Legal Consultants

Delhi.

Dated: 27.10.2018

79
 IN THE COURT OF DISTRICT & SESSIONS
JUDGE, ROHINI COURT, DELHI
BAIL APPLICATION NO. 678 of 2018

IN THE MATTER OF:

NIKUNJ SHAHI ……

APPLICANT/ACCUSED

VERSUS

THE STATE
(GOVT. OF NCT, DELHI) …… RESPONDENT

AFFIDAVIT

I, Nikunj Shahi, aged about 23 years, S/o Sh. Harish Shahi R/o G & JU 3B, Pitampura, Delhi,
do hereby solemnly affirm and declare as under:
 That the Deponent is the Applicant/ Accused in the above noted case and is fully
conversant with the facts and circumstances of this case. The deponent is competent to
swear this affidavit.
 That the accompanying bail application under section 438 Cr.P.C. has been drafted and filed
under my instruction by my counsel. The same is read over to me in vernacular and I have
understood the same to be true and correct to the best of my knowledge and belief and
nothing has been concealed thereof.
 That the Annexures are the true copies of the original. That no other petition seeking the
similar prayer has been filed before any other court.

DEPONENT

VERIFICATION:
Verified at Delhi on this that the contents of the above
affidavit are true to my knowledge and belief. That nothing has been concealed therefrom

DEPONENT
80
 IN THE COURT OF DISTRICT & SESSIONS JUDGE,

ROHINI COURT, DELHI

BAIL APPLICATION NO.678 of 2018

IN THE MATTER OF:

NIKUNJ SHAHI ……

APPLICANT/ACCUSED

VERSUS

THE STATE
(GOVT. OF NCT, DELHI) …… RESPONDENT

AFFIDAVIT

I, Harish Shahi, aged about 50 years, S/o Late Sh. T.R. Shahi R/o G & JU 3B, Pitampura, Delhi,
do hereby solemnly affirm and declare as under:
 That the Deponent is the father and parokar of Applicant/ Accused in the above noted case
and is fully conversant with the facts and circumstances of this case. The deponent is
competent to swear this affidavit.
 That the accompanying bail application under section 438 Cr.P.C. has been drafted and filed
under my instruction by my counsel. The same is read over to me in vernacular and I have
understood the same to be true and correct to the best of my knowledge and belief and
nothing has been concealed thereof.
 That the Annexures are the true copies of the original.
DEPONENT

VERIFICATION:

Verified at Delhi on this that the contents of the above

affidavit are true to my knowledge and belief. That nothing has been concealed therefrom .

DEPONENT
81
 MEMORANDUM OF APPEAL

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal No. 987 of 2020

Ramgopal Sen, S/o Raju Sen aged about 35 years, R/o E 55/678, near Hotel Taj, Danapur
Cantonment, Patna
. ............ Appellant
Versus
State Of Bihar

. ........ Respondent

Appeal against the conviction and sentences under section 411 of IPC in Case No.of
2020 by the learned Magistrate First Class, Patna

To the Chief Justice of High Court and his/ her companion,

The humble petition of appellant above named most respectfully begs to state as follows:

1. That the appellant was charged under section 411 of IPC for dishonestly receiving stolen property at
about 2:30 pm on 6-5-2020 at Saket Nagar, Patna.
2. That the prosecution case in brief was that on 06-05-2020 at about 2:30pm the police acting on FIR
lodged on 11-04-2020 came across the appellant having bicycle and hence caught the appellant
on suspicion.
3. That the learned Judge after receiving the evidence did not accept the innocence plea of the accused
and has convicted and sentenced the appellant to undergo 6 months rigorous imprisonment and
to pay a fine of ₹ 350. A certificate copy of the said judgement and order is annexed here to and
marked as Annexure "A".
4. That that being aggrieved by the said order and judgement of the learned magistrate the appellant
here in begs to prefer this appeal on the following grounds:

82
 5. That the conviction is bad in eye of law because the learned magistrate erred in not taking into
account the basic principle of presumption of innocence in a criminal case.
6. That the learned magistrate should have disbelieved the evidence of prosecution witness because
the bicycle was an ordinary and common article and it was a stupendous task to take identify
the same in absence of any special mark on it.
7. That the leaned magistrate should have believed the defence witness who disposed having seen
articles sold to the appellant some five months prior to this incident.
8. That the judgement of learned magistrate is against the weight of evidence and probabilities and is
based on inference which are not sustainable in this Hon'ble Court.
9. That in any event the sentence is extremely severe and therefore the same should be reduced.
10. That the appellant submits that he has not filed any appeal in the Hon'ble Court prior to this.
11. That the appellant has been undergoing sentence and is at present in District prison Patna.

PRAYER
It is most respectfully prayed that the appeal may be allowed and the conviction and sentence
passed may please be set aside and the accused be acquitted.

Place – Patna, Bihar

…................................
Signature of appellant
Date – 22 August, 2020
................................
Signature of advocate

83
 MEMORANDUM OF REVISION

IN THE HIGH COURT OF

RANCHI

Criminal Revisional Jurisdiction

Criminal Application No. 398 of 2020

In the matter of the order of the Session Judge, Ranchi sentencing the opponent to 6 month's
rigorous imprisonment, and a fine of ₹ 200 in case No. 487 of 2019

State of Tamil Nadu

at the instance of the District Superintendent of Police, Ranchi.

. ...... Petitioner

Versus

Somnath Kumar
S/o Nirmal Kumar, aged 28 years, R/o Ranchi
. .... Opponent

The humble petition of Your Lordship's petitioner above-named most respectfully states:

1. The above-named opponent was arrested in Ranchi on a charge under sections 307 and
326, I.P.C. for an attempt to murder and causing grievous hurt by dangerous weapon. He
was prosecuted and tried in the Court of the Session in case No. 487 of 2019 of that Court
and the learned Sessions Judge was pleased to convict the accused and sentence him to
6 month's rigorous imprisonment and to pay a fine of ₹200
2. While passing the final order of sentence after convicting the opponent, the learned Judge
remarked that he was pleased to take a lenient view of the offence taking into
consideration the youth of the opponent.
3. The learned Judge therefore passed a lenient sentence of 6 month's R.I. and a fine of ₹ 200
on the opponent though the maximum sentence under Sections 307 and 326, I.P.C.

84
 is imprisonment for life, or for 10 years. Though the prosecution prayed for deterrent
punishment on the ground that the injuries caused were of a very serious nature and that the
injuries were caused by a dangerous weapon during a communal riot. The learned Judge turned
down the prayer of the prosecution for a deterrent punishment and showed leniency to the
opponent by passing the order of sentence as stated above. Hereto annexed and marked
annexure ‘A' is the copy of the said order and judgment.

4. Being aggrieved by the said order, the petitioner prefers this application for enhancement
of sentence passed on the opponent by the learned Judge on the following amongst other
grounds:
 That the injuries caused by the opponent (accused) were several and of a very serious nature;
 That the injuries were caused by a dangerous weapon, i.e., a dagger which was possessed
and carried by the accused when the possession and carrying of weapons was banned by the
order of the District Magistrate, Ranchi
 That the opponent (accused) is a member of a gang of rioters habitually engaged in communal
orgy and riots and has made an attempt to murder by causing grievous hurt to the
complainant intentionally in the furtherance and prosecution of the common object of a
riotous mob.
 That the punishment for the offences is life or ten year's imprisonment and fine.

PRAYER
In these circumstances Your Lordships' humble petitioner prays that Your Lordships may
graciously be pleased:
 to enhance the sentence passed on the opponent by the learned sessions Judge in case No.
487 of 2019 of his Court; and
 to pass such other and further orders as Your Lordships may deem just, fit and proper in
the circumstances of the case.
 And for this act of kindness Your Lordships' Petitioner shall, as in duty bound, ever pray.
Place- Ranchi, Jharkhand ……………………...
Date: 22Aug, 2020 Signature of advocate

85
86
87
 SALE DEED

THIS DEED OF ABSOLUTE SALE is made and executed on this the

Tenth Day of June Two Thousand Fifteen (10.06.2015) at Bengaluru,

BY: / BETWEEN:
Sri. AMAN SARKAR,
Aged 41 years,

S/o. Late Rameshwar,

R/at. No. 72, Hospital Road, Bangalore –

560053.

Hereinafter referred to as ‘SELLER’/ ‘VENDOR’ (which expression shall mean and include
his heirs, legal representatives, administrators, executors, successors, assigns etc) of the One
Part/First Part:

IN FAVOUR OF: / AND:

Sri. MANOJ DAS,

Aged 49 years, S/o.
Vishwanath,

R/at. No.225, Sankey Road, Sadashivanagar,

Bangalore – 560003.

Hereinafter called the ‘PURCHASER’/BUYER/VENDEE (which expression shall mean

and include his heirs, legal representatives, administrators, executors, successors,
assigns etc) of the Other Part/Second Part:

WHEREAS the Seller herein is the sole and absolute owner by title and in peaceful
possession and enjoyment of the property bearing No.40, Hospital Road, PID No.43-85-28/9,
Corporation Ward No.28, Bangalore, measuring 1200 square feet of undivided share in the land,
which is more fully and particularly described in the schedule hereunder and hereinafter
88
referred to as the “SCHEDULE PROPERTY”.

88
 WHEREAS the seller herein got purchased the Schedule Property out of his own funds, for a
valuable sale consideration from his Vendor Sri.N. Lakshminarayana, under a Sale Deed dated
14.09.1998, registered as Document No. 1692/1998-99 in Book-I, in the office of the Sub-
Registrar, Gandhinagar, Bangalore. That the seller after purchase of the Schedule Property has
got changed all the revenue entries in his names in the revenue registry of the Bruhath
Bengaluru Mahanagara Palike and has assessed the property to revenue. The Bruhath Bengaluru
Mahanagara Palike, after the assessment of the property has fixed the tax payable and has assigned
the property with PID.No.43-85-28/9. Further the Khatha Certificate dated 5.05.2015 discloses the
name of the Seller as the Khatedar of the Schedule Property. The Seller herein has paid the taxes
as per the assessment, which is evidenced by the tax paid receipt for the year 2014-15 vide No.
642426 dated 10.05.2015. Thus ever since from the date of purchase, the Seller is in peaceful
possession and enjoyment of the Schedule Property and exercising all the rights over the same as
true and absolute owner, without any hindrance from any quarter.

WHEREAS the seller with an intention to make investment in a wiser sense has agreed to sell
the Schedule Property to the Purchaser for a valuable sale consideration of Rs. 35,00,000/- (Rupees
thirty five Lakhs Only) free from all encumbrances and has received the entire sale
consideration. The sale deed is being executed on this day on the following terms and conditions:

NOW THIS DEED OF SALE WITNESSETH AS FOLLOWS:

1. That in pursuance of the aforesaid agreement and in consideration of the same, the Purchaser has
paid the entire sale consideration amount of Rs. 35,00,000/- (Rupees Thirty Five Lakhs Only) to
the Seller by cash paid on 10.06.2015. The Seller do hereby admits and acknowledges the receipt
of the entire sale consideration amount of Rs.35,00,000/- (Rupees Thirty Five Lakhs Only)
through Demand Draft bearing No.313762 drawn on State Bank of India, Gandhinagar Branch,
Bengaluru and in consideration of the same, the Seller hereby conveys, sells, transfers, grants
and assigns unto and to the use of the Purchaser all that part and parcel of the Schedule Property
free from encumbrances or any settlements, Will, charge, liens, mortgages, attachments,
maintenance charges, claims and demands either by agreement, court Order or Decree, pending
or threatened legal proceedings of any kind, whatsoever together with all the right of ways,
89
2.
easements of necessity, advantages, whatsoever pertaining to or belong to the Schedule Property,
who shall hold, possess, use and enjoy all the rights, title, interest and privileges belonging
thereto TO HAVE, TO HOLD AND TO ENJOY the schedule property and every part thereof,
TO AND UNTO to the Purchaser absolutely and forever.

3. The Seller hereby covenants with the Purchaser that he has full power and absolute authority and
indefeasible title to sell the Schedule Property and the Purchaser shall hereinafter

4. peacefully and actually HOLD, POSSESS AND ENJOY the Schedule Property without any
claim or demands, disturbances or interruption whatsoever from the Seller, his heirs, legal
representatives, administrators, executors and assigns etc., and the Schedule Property is free
from all encumbrances, suits, proceedings, costs, claims and demands.

5. The Seller further covenants that he shall at his own cost and request of the Purchaser do or
execute or cause to be done or execute all such lawful acts, deeds, deeds of further assurances,
and other things whatsoever for further and more perfectly and more fully conveying and
assuring ownership and possession of the Schedule Property and every part thereof, in the manner
aforesaid according to the true meaning and intent of this deed.

6. The Seller further covenants with the Purchaser that he has fully seized and possessed of and has
every right to sell the same in favour of the Purchaser and further there are no acquisition or
legal or departmental proceedings against the Schedule Property and he has not entered into any
agreement to sell the Schedule Property or portions thereof with any third person so far, and the
Seller agrees to indemnify and keep indemnified the Purchaser from or against any losses, the
Purchaser may suffer consequent upon breach of covenants by the Seller.

7. The Seller hereby assures and covenants with the Purchaser that there are no encumbrances or
any settlements, Will, charge, liens, mortgages, attachments, maintenance charges, either by
agreement, court order or decree, pending or threatened legal proceedings of any kind, on the
hereby conveyed and the Seller hereby specifically agrees to defend at his own cost or enable the
Purchaser to defend at the cost of the Seller and also compensate the Purchaser in case he is

90
8. exposed to losses and claims. In case the Purchaser is exposed to losses or claims on account of
any claim made hereto by the Seller or his heirs, legal representatives and other persons claiming
under him, the Seller shall compensate the Purchaser for such losses and consequential losses
together with all the expenses and costs of litigation, if any, which the Purchaser may incur in
protecting his title to the Schedule Property.

9. The Seller has no objection whatsoever to transfer the Khatha of the Schedule Property in favour
of the Purchaser in the records of Bruhath Bengaluru Mahanagara Palike..

10. The Seller has paid the land tax, property tax and other taxes in respect of the Schedule Property
to the Bruhath Bengaluru Mahanagara Palike up to date and the Purchaser can pay the same here
afterwards.
11. The Seller has this day issued no objection letter to transfer the power connection including the
deposits in the name of the Purchaser in the records of BESCOM.

12. The Seller has on this day delivered to the Purchaser all the following original title deeds in his
custody relating to the Schedule Property which are as follows:

a. Sale Deed dated 14.09.1998.

b. Khatha Certificate dated 5.05.2015.

c. Khatha Extract for the year 2006-15 dated 15.05.2015.

d. Tax Paid Receipt dated 10.05.2015.

13. The Purchaser is already in possession of the Schedule Property. As such the Seller has on this day
delivered symbolic possession of the Schedule Property.
91
 SCHEDULE PROPERTY

All that part and parcel of the property bearing No.40, Hospital Road, PID No.43-
85- 28/9, Corporation Ward No.28, Bangalore, measuring 1200 square feet of undivided
share in the land and bounded on the:

East by : Road,

West by : House belonging to Ajay Kumar

North by : Shop belonging to Vidyadhar,

South by : House belonging to Mohan.

WITNESSES:

 (Sri AMAN SARKAR)

VENDOR/SELLER

 (Sri. MANOJ DAS)

PURCHASER/BUYER/VEND
EE

92
 MORTGAGE DEED

THIS DEED OF MORTGAGE IS MADE AND EXECUTED AT PUNE ON THIS 28 th DAY

FEBRUARY 2024.

BETWEEN

MR. RAVINDRA CHOWDHURY

Age: 38 Years, Occupation: Salaried PAN

NO. DDEPP9579R

ADHAR NO. 3655 6733 5694

MRS. ASHALATA CHOWDHURY

Age: 30 Years, Occupation: Salaried PAN

NO. DOMPP4074L

ADHAR NO. 8107 3676 5955

Both R/at- Navnirman housing society Rupeenagar, Rupeenagar road, Near Rameshwar
mandir Rupeenagar, Pune 412114.

Hereinafter referred to as "THE MORTGARGOR", (which expression unless

repugnant to the context or meaning thereof shall mean and include their respective
heirs, successors, executors, administrators and assignees)

... PARTY OF THE FIRST PART

AND

93
 INDOSTAR HOME FINANCE PVT LTD

A Company duly constituted, registered & in existence in accordance with the laws of India
and having its Registered office at: at One Indiabulls Centre, 20 th Floor, Jupiter Mills
compund, Senapati Bapat Marg, Mumbai - 400013 and having its one of the branch at Swarget,
Pune.

Hereinafter referred to or called as "THE MORTGAGEE" or Indostar Home finance Pvt Ltd
(which expression unless repugnant to the context or meaning thereof shall mean and include
its successors, Official Liquidators, Administrators, assigns and transferee in interest)

94
 … PARTY OF THE SECOND PART

WHEREAS, All that piece and parcel of land area admeasuring 450 Sq.fts having Private Plot
No.27A, out of land area admeasuring 00 H 13.38 R, out of land area admeasuring 00 H 52.99 R out
of Gat No.232, total area admeasuring 00 H 70 R, lying and situated at Village Talawade, Taluka
Haveli, District Pune and within the limits of Pimpri Chinchwad Municipal Corporation, and within
the Jurisdiction of Sub-Registrar Haveli and same is bounded as under;

Boundaries of Land area admeasuring 00 H 13.38 R

On or towards East: By Tower Line & Remaining land out of Gat No.232.
On or towards South: By Gat No. 231.
On or towards West: By Road.
On or towards North: By Gat No. 232 (P) & 233.

Boundaries of Land area admeasuring 450 Sq.fts having Private Plot No.27A On or

towards East: By Plot No.28.

On or towards South: By Gat No. 231.

On or towards West: By property of Swapnali Patil

On or towards North: By 14 fts internal common

road.

(herein referred to as the “SAID PROPERTY” and which is more particularly detailed in
Schedule II of this Deed is owned by MRS. ASHALATA CHOWDHURY That by perusing
the above referred documents, It appears that all that piece and parcel of the Private Plot No.
27 A admeasuring about 450 sq.fts. alongwith standing construction thereon forming part of
land bearing Gat. No. 232 situated at village: Talawade, Tal. Haveli, Dist: Pune hereinafter
referred to as “Said Entire Land”) It further appears that, vide Sale Deed dated 04/03/2023
registered in the office of Sub Registrar Haveli 22 at Sr. No. 4136/2023 above referred Mr.
Ashok Kaliram Agarwal and 3 others have sold the Said Larger Land i.e. in favour of Mrs.
Ashalata Chowdhury and 17 others.
95
AND WHEREAS That by perusing above referred Sale Deed dated 04/03/2023 registered in
the office of sub-registrar Haveli 22 at Sr. No. 4136/2023 R/w i.e. All that piece and parcel of
the Private Plot No. 27 A admeasuring about 450 sq.fts. carved out of Said Land (Hereinafter
referred to as “Said Land/Property”) has been exclusively allotted to the share of said Borrower
i.e. Mr. Ravindra

Chowdhury that Borrower/Mortgagor herein in need of financial assistance; hence

they approached to the Mortgagee herein and expressed their willingness to avail the
loan facility by keeping the said property as security for the repayment of the said
loan.
WHEREAS THE MORTGAGOR along with other applicants, co-applicants and borrower
(As detailed in Schedule I of this deed and herein after referred to as the
“BORROWER(S)” has availed credit facility/Loan from THE MORTGAGEE to
the extent of INR Rs. 7,50,000/- (Rupees Seven Lakh Fifty Thousand Only) which
credit facility has been extended by THE MORTGAGEE. As a security to the said
loan amount and accrued interest (besides other charges, if any) thereupon THE
MORTGAGOR has agreed to mortgage the said property in favour of THE
MORTGAGEE.

WHEREAS, THE MORTGAGOR gives his irrevocable consent in respect to create

mortgage on the said property for this present loan as well as the future loan amount, if any
disbursed with mutual consent.

WHEREAS, THE MORTGAGOR do and doth declare that, during the subsistence of
the mortgage, Indostar Home finance Pvt Ltd shall have paramount charge over and above
the said property and every part thereof and in no circumstances THE MORTGAGOR
do and doth act in a manner to prejudice the rights of Indostar Home finance Pvt Ltd
being THE MORTGAGEE
WHEREAS, on the aforesaid representation, THE MORTGAGEE have decided to get executed a
Deed of Mortgage and THE MORTGAGOR do hereby has agreed to execute Deed of Mortgage in
favour of Indostar Home finance Pvt Ltd for securing of the repayment of the Loan amount, present
96
 and future (if any) so also to confirm and continue the terms and conditions of Mortgage.

NOW THEREFORE THIS DEED OF MORTGAGE WITHOUT POSSESSION

WITNESSETH AS UNDER:

1. That Indostar Home finance Pvt Ltd has sanctioned Loan of INR Rs. 7,50,000/- (Rupees
Seven Lakh Fifty Thousand Only) for which THE MORTGAGOR has agreed to give
security of the said property, described in Schedule II and to do so THE MORTGAGOR
have executed these presents so as to secure loan of INR Rs. 7,50,000/- (Rupees Seven Lakh
Fifty Thousand Only) besides interest, charges, costs and expenses etc. payable to or
incurred, by Indostar Home finance Pvt Ltd, THE MORTGAGOR hereby transfer by way of
simple mortgage wit

possession the said immovable property more particularly described in Schedule

II given hereunder together with all constructions and tenements now or at any
time here after standing thereon or any part thereof to the intent that the said
immovable property shall remain and be charged as security for the payment to
the Indostar Home finance Pvt Ltd for all sums of money which may be due to the
Indostar Home finance Pvt Ltd at any time in respect of the aforesaid Loan facility
allowed or to be allowed from time to time as aforesaid besides interest, charges,
costs and expenses etc. payable to or to be incurred by the Indostar Home finance
Pvt Ltd in accordance with the covenants herein contained.
2. That in case of nonpayment of the sum becoming due and payable by THE MORTGAGOR to
THE MORTGAGEE under this deed the mortgagee shall be entitled to cause the
mortgaged premises to be sold and satisfy the debt. THE MORTGAGOR shall be personally
liable to pay any amount still remaining due and payable to THE MORTGAGEE.

 That THE MORTGAGOR declare that the said property is free from any charge,
mortgage, encumbrances, claim, demand, dispute, lis pendence, proceedings,
injunction, litigation, attachment, pledge, lease, sub-lease, license, trespass, tenancy,

97
 sub-tenancy or lien and that he will not hereafter create or allow or permit at any time
any lease, sub-lease, license, tenancy, sub-tenancy, trespass, lien, pledge, charge,
mortgage, encumbrance, litigation, attachment, injunction, claim, demand or dispute
over upon or into or shall not part with possession, occupation or custody or shall not
induct any person in possession occupation or custody of the said immovable property
or any part thereof.

 That THE MORTGAGOR shall pay all revenue, taxes, cesses, charges, in relation
to the said immovable or as to the user thereof and always keep the benefits arising
out of the immovable property free from all charges, statutory or otherwise and will
keep Indostar Home finance Pvt Ltd indemnified against all such demands, claims,
charges and expenses whatsoever in that behalf. Further, THE MORTGAGOR shall
be fully responsible and liable to indemnify and keep indemnified THE
MORTGAGEE under all circumstances against any monetary loss, harm, injury
suffered or caused to be suffered by THE MORTGAGEE on account of any legal
defect in the title documents of THE MORTGAGOR in respect of the Said Property.

 That Indostar Home finance Pvt Ltd shall be at liberty, without being bound and at its
option, to pay all revenue taxes, cesses, and other such public or statutory demands and
charges by debiting the same to the account of the Mortgagor/s if the principal borrower
and/or the Mortgagor & borrower(s), fails to pay the same within the time and payment so
made together with interest thereon at the above rate and any expenses incurred shall also
be secured hereby and deemed as a loan advanced.

That the said loan (including the subsequent installments of the loan, and/or further grant
of loan, if advanced) or any balance thereof and all other moneys due for the time being,
under these presents shall become immediately payable and the security hereby
constituted shall become enforceable forthwith, in each and every of the following events,
besides other:

98
  If the Borrower/Mortgagor shall fail to pay any installment of
EMI on its due date, as and when it may become due and payable.

 Any interest remain unpaid and in arrears after the same have
become due whether demands have been raised or not or;

 If any distress or execution shall be levied or enforced upon any part of the
mortgaged premises or a receiver thereof is appointed.
 If the Borrower/ Mortgagor shall make default in payment of any
installment of interest on its due date as hereinbefore provided;
 If the Borrower/ Mortgagor shall commit breach of any one of the
covenants or provisions herein contained and/or the other terms and
Conditions relating to the loan to be observed and performed on their
part;
 If the Borrower / Mortgagor is adjudicated insolvent.

 If the occurrence of any events or circumstance which is prejudicially or

adversely affects in any manner the capacity of the Borrowers/Mortgagors
to repay the Loan amount with interest on the question whether any of the
above events has happen, the decision of THE MORTGAGEE shall be
conclusive and binding on THE MORTGAGOR / BORROWER(S).
 Non observance or nonperformance of the terms and conditions
imposed by Indostar Home finance Pvt Ltd.
 That THE MORTGAGOR undertakes to deposit all the original documents of
Mortgage property with the MORTGAGEE.
 That this security shall operate as continuing security for all moneys, indebtedness
and liabilities aforesaid and notwithstanding the existence of credit balance or such
account/accounts at any time or any partial payment of fluctuations of loan account(s).
 That THE MORTGAGOR / BORROWER(S) hereby declare and agree that the said
property shall stand as continuing security for all amounts due from the Mortgagors
subsequent loan account/s in the name of the Borrowers/Mortgagors.
 That during the subsistence of the mortgage THE MORTGAGOR shall not create any
other mortgage or a charge on the said property/flats or transfer the said property /flats
in any manner whatsoever to any third party by way of sale, mortgage, lease, gift till

99
  the entire repayment of the loan amount with interest. 98

 That THE MORTGAGOR has assured THE MORTGAGEE to get the house insured
against the risk of damage by fire, earthquake or any other calamity natural or
otherwise and keep the insurance policies in force and effective at his cost. The said
insurance policy shall be taken in the name of THE MORTGAGEE.

 That the Indostar Home finance Pvt Ltd shall be competent at all times in accordance
with the loan documents executed by THE MORTGAGOR along with other
applicants, co-applicants and borrowers, to recall the loan and the outstanding
balances on the said account of the Mortgagor/s and in that event the Mortgagor/s
shall have no grievance to question to the Indostar Home finance Pvt Ltd's right. If
default happens in repayment of the said loan etc. (including the subsequent
installment of the said loan) or any part thereof on the day and manner aforesaid or if
power to sell, transfer in whatever manner the Mortgagee thinks fit and proper with
and/or without the intervention of the court, as per law, the mortgaged property either
by public auction or by private contract and either for a lump sum or a sum payable
by installments and may make such sell upon such terms and conditions including and
special or otherwise stipulations as the title evidence or otherwise as the mortgagee
shall deem proper and the mortgagee shall have full power to buy in or rescind or vary
any contract for sell etc. of all the mortgaged premises or any part thereof and to resell
the same without being responsible for any loss which may be occasion thereby and
with power to compromise and effect compositions and for the purposes aforesaid the
receipt the mortgagee for the purchase of the properties sold and for any other money
paid to the mortgages shall effectively discharge the purchaser/s or other person or
persons paying the same there from or from being concerned to the application or
being answerable for loss or misapplication thereof.

14. That THE MORTGAGOR and BORROWER(S), jointly and severally shall bear expenses
on stamp paper and registration of this deed as well as charges for getting the mortgage
charge recorded in the records of concerned Sub Registrar of Assurances and/ or with such
100
 statutory authorities.
15. That in the event of default on the part of THE MORTGAGOR as a whole to repay the
amount payable by them to THE MORTGAGEE under the loan facilities extended to them
by the Mortgagee, THE MORTGAGEE shall have the unconditional and
16. unrestricted right to sell and dispose of the said property with or without the intervention of
the Courts to liquidate the outstanding dues payable by THE MORTGAGOR i.e. applicants,
co- applicants & borrowers, under the loan facility.

17. The Mortgagee and the Mortgagor agree that any legal action or proceedings arising out of
this Deed of Mortgage shall be brought in the Courts or Tribunals at Pune in India and
irrevocably submit themselves to the jurisdiction of such Courts or Tribunals. The Mortgagee
may, however, in its absolute discretion commence any legal action or proceedings arising
out of this Deed of Mortgage in any other court, tribunal or other appropriate forum, and the
Mortgagor hereby consents to that jurisdiction.

18. All the expenses of stamp duty, registration charges, legal charges and all incidental
expenses pertaining to this indenture as well as consequential deed, documents executed in
this regard shall be paid and borne by the Mortgagor Only.

That Loan amount of INR Rs. 7,50,000/- (Rupees Seven Lakh Fifty Thousand Only)
is to be advanced and therefore this Deed of Mortgage without Possession has been
executed and hence stamp duty of Rs.2,250/- has been paid and registration charges of
Rs. 3,750/- has been paid herein with

IN WITNESS WHEREOF THE PARTIES - hereunto have signed this deed of the day and
year first above written in the presence of each of the attesting witnesses detailed herein below
and the attesting witnesses have put in their signatures in the presence of the parties-

101
 SCHEDULE – I

MR. RAVINDRA CHOWDHURY

(Mortgagors/Borrowers)

MRS. ASHALATA CHOWDHURY

(Mortgagors/Borrowers)

WITNESSESS:

1. 2.

Signature: Signature:

Name: Name:

Address: Address:

Schedule II

Schedule of Mortgaged Property i.e. Said Property

All that piece and parcel of land area admeasuring 450 Sq.fts having Private Plot
No.27A, along with proposed construction standing over thereon, out of land area

admeasuring 00 H 13.38 R, out of land area admeasuring 00 H 52.99 R out of

102
Gat No.232, total area admeasuring 00 H 70 R, lying and situated at Village
Talawade, Taluka Haveli, District Pune and within the limits of Pimpri
Chinchwad Municipal Corporation, and within the Jurisdiction of Sub-Registrar
Haveli and same is bounded as under;
Boundaries of Land area admeasuring 00 H 13.38 R

On or towards East: By Tower Line & Remaining land out of Gat

No.232.
On or towards South: By Gat No. 231.

On or towards West: By Road.

On or towards North: By Gat No. 232 (P) & 233.

Boundaries of Land area admeasuring 450 Sq.fts having Private Plot No.27A

On or towards East: By
Plot No. 28.
On or towards South: By
Gat
No. 231.

On or towards West: By property of Swapnali Patil

On or towards North: By 14 fts internal common road.

103
 LEASE DEED AGREEMENT

This LEASE DEED is entered into on this the first day of October 2024 at Dehra Dun.

BETWEEN

Animesh Dutta (PAN BKV500047908) hereinafter referred to as the LESSOR (which term
shall unless it be repugnant to the context or meaning thereof mean and include all their heirs,
executors, administrators, legal representatives, nominees and assigns) on the One Part;

AND

Sourav Mukherjee (PAN CKG50001976) hereinafter referred to as the Lessee (which term
shall unless it be repugnant to the context or meaning thereof mean and include their successors
in interest and assigns) of the Other Part.

WHEREAS the Lessor is owner and in possession of all that property i.e. house no. 3
consisting a fully furnished 2BHK house with khasra no. 124/6, situated at Devi colony,
Prayag Road, Ballupur, Dehradun., total admeasuring 1200sq feet approximately, morefully
described in the schedule of the property at the foot of this deed and herein after referred to as
the said property.

AND WHEREAS the Lessor has further assured and undertaken that he is seized and possessed
of and is otherwise well and sufficiently entitled to lease all of the property. With all liberties,
easement, right, advantages, entrances, passages, right, advantages, entrances, passages, right
to ingress and aggress including entrances, passages and all common facilities

104
 AND WHEREAS the Lessor has assured the Lessee that the Lessor id the owner and having
absolute power of the demised and the premises is free from Court notice, litigation, injunction
etc. of whatsoever nature and the lessor is fully empowered and authorized to let the demised
premises to the Lessee.

AND WHEREAS the Lessor has also represented that there are no outstanding payments of taxes
including municipal taxes and property taxes or transfer/mutation charges pending on respect of
the demised premises and that all electricity and whatsoever dues have been paid to date to the
concerned authorities.

Under the aforesaid representations of the Lessor, the Lessee has approached the Lessor to lease
the Demised Premises for living or residing purpose only.

AND WHEREAS, the Lessor has agreed to lease the Demised Premises and the Lessee, under
the aforesaid assurances and representations of the Lessor, has agreed to take on lease the
Demised Premises for a period of 11 months (eleven months) under the terms and conditions of
this Lease.

NOW THIS LEASE DEED WITNESSETH AS UNDER:

1. That the initial term of this Lease shall be for a period of 11 (eleven) months w.e.f. 1st October
2024 (herein after referred to as the Lease Period). The Lessee shall pay monthly rent @
Rs.7,000/- (rupees Seven Thousand) per month of the Demised Premises to Lessor (herein
referred to as the “Rent”) for the specified lease period. The lessee shall pay the said Rent by 1st
of each Calendar month in advance to the Lessor. That the parties have further agreed that lease
period can be renewed after end of lease period.

2. The rent includes Service Tax and other charges like electricity and water bills etc. Lessee
shall not pay service tax along with the rent to the Lessor per month as Lessor shall deposit the
Service Tax and other charges like electricity and water bills etc., to the concerned
department out of rent only.

105
That the Lessor has delivered the actual physical vacant possession of the demised premises to
the Lessee at the spot. The rent shall be payable by the Lessee to the lessor from 01.10.2024.

3. That the demised premises is fully furnished with facilities like fixture, furniture, electric
equipment, interior and installed lift etc., of which the list is enclosed herewith. The Lessee has
accepted the possession of the said demised premises with all the aforesaid articles. The Lessee
shall be bound to maintain the same in good and workable condition during the said Lease
period at its own cost and expenses. At the time of vacating the lease premises the Lessee shall
be bound to deliver possession of the aforesaid articles to the Lessor.

4. The Lessee shall use the Demised Premises for residing purpose only as mentioned above
and shall not carry out any obnoxious and illegal activity in the Demised Premises, nor shall do
anything therein which may be or may become any annoyance or offensive to the
neighborhood/society/Lessor.

5. The Lessee shall not store in the Demised Premises any goods of hazardous or combustible
nature and/or which are so heavy as to effect adversely the construction or to the structure of
the Demised Premises or do or suffer anything to be done in or around the Demised Premises,
which tend to cause damage to the Demised Premises.

6. That if during the period of lease, the Lessor transfers its ownership in the demised premises
or any part thereof, to any person the present lease deed shall not be affected from the said
transfer and the proposed transferee shall be bound to obey all the terms and conditions of this
Lease Deed.

7. That in case of default of payment of two months rent the Lessor shall have right to terminate
the Lease and re-enter in the demised premises.

8. That only in case of violation of any term of this lease by the Lessee the Lessor shall have
right to terminate the Lease after serving 30 days notice and shall be free to initiate legal action.

9. That only the Courts in Dehradun shall have jurisdiction to adjudicate the dispute arose
if any between the parties in respect of the present lease deed.

Cost of non-judicial stamp papers and expenses in respect of execution and registration of this
Lease has been borne by the Lessor and Lessee in equal ratio.

106
10. The terms and condition of this Lease shall not be changed or modified except by written
amendments duly agreed between the Parties.

11. The LESSOR herein permit the Lessee to change the interiors of the Lease Premises, as it may
deem fit, without damaging the structure. The Lessee shall not make any structural alterations
into or upon the scheduled premises or make any alteration or addition to the external appearance
or any part of the premises without the previous Written consent of the LESSOR in writing.

12. The Lessee shall keep the Schedule Premises fittings in good conditions and order and shall
not cause or suffer any damage thereto, normal wear and tear excepting. Any payment in this
regard will be borne by the lessee only.

13. The Lessee shall carryout the internal repair works of maintenance, paintings, color
washing, electrical and sanitary repairs to the Lease Premises, at its own cost whenever
necessary.

14. The LESSOR or the authorized agents shall be entitled to enter the Lease Premises (apart
from those premises shall are not part of the present lease) on business days during the Lessee’s
working hours after giving an advance notice in writing of 24 hrs, to inspect the Lease Premises
to satisfy himself that the Lease Premises is being used in accordance with the terms of the Lease
or for carrying out works of repairs/maintenance relating to any portion of which the Lease
Premises forms a part.

15. The Lessee shall deliver back vacant possession of the demised Premises to the LESSOR,
without removing or damaging any article in the demised premises and also in good condition
subject to the changes by normal wear and tear, subject to refund of security deposit.

16. Each Party to this Lease represents that it possesses full power and authority to enter into
this Lease and to perform its obligations hereunder and that the authorized representative of
each Party is fully authorized to sign this Lease.

17. Any addition, alteration, subtraction, modification, correction, change etc. in terms and
conditions of this Lease shall be made only by way of written mutual consent of the Parties
herein.
107
SCHEDULE OF DEMISED PROPERTY

All the piece and parcel of immovable property 6 bearing No. 199567

Measuring: 25ft. x 48 ft.= 1200 sq. metres

Bounded by:

On the East: road

On the West: Ajanta Sweet

Shop

On the South: Pacific Mall

On the North: road

IN WITNESS WHEREOF the Parties hereto have executed this Lease on the day, month and
year first above written, in the presence of:

LESSOR LESSEE

(………………………………………) (………………………………………………)

108
 GIFT DEED

THIS DEED OF GIFT is executed on this the Sixteenth Day of September Two
Thousand Twenty Four (16-09-2024) at Bangalore,

BY:

SMT. Lakshmi Devi,

Aged 64 years,

W/o. Mahesh Rao

Residing at No. 239/3, 7th

Cross, 8th Block, Jayanagar,

Bangalore – 560 041.

Hereinafter called the ‘DONOR’ (which expression unless repugnant to the context, shall
mean and include her heirs, legal representatives, administrators, executors, successors,
assigns etc) of the One Part:

IN FAVOUR OF:

SRI. Gaurav Rao,

Aged 35 years,

S/o. Sri. Mahesh Rao,

Residing at No. 239/3, 7th

Cross, 8th Block, Jayanagar,

Bangalore – 560 041.

Hereinafter called the ‘DONEE’ (which expression unless repugnant to the context, shall
mean and include his heirs, legal representatives, administrators, executors, successors, assigns
etc) of the Other Part:

WITNESSETH AS FOLLOWS:

WHEREAS the Donor is the absolute owner by title and in peaceful possession and
enjoyment of the property bearing No. 239/3, 7th Cross 8th Block, Jayanagar, Bangalore,
measuring East to West 50 Feet and North to South 75 Feet, in all measuring 3750 Sq. Feet,
109
 with 40 Sq building, which is more fully described in the schedule hereunder and hereinafter
referred to as the “SCHEDULE PROPERTY”.

WHEREAS the Donor herein got purchased the Schedule Property out of her own
funds, for a valuable sale consideration from its Vendor under a Sale Deed dated 21-1-1988,
which is registered as Document No. 3032/87-88, in Book-I, Volume 1136, at pages 77 to 85
in the office of the Sub- Registrar, Jayanagar, Bangalore. That the khata of the Schedule
Property stands in the name of the donor in the revenue records of the Bangalore Mahanagara
Palike and has been paying the taxes to Bangalore Mahanagara Palike. Thus ever since from
the date of the purchase the Donor is in peaceful possession and enjoyment of the Schedule
Property and exercising all the rights of ownership. The Schedule Property is free from
encumbrances.

WHEREAS the Donee is none other than the Son of the Donor. The Donee has been
looking after the Donor with great love and affection and taking care of her needs. The Donee
has extended all the possible help during the life time of the Donor and the Donor in token of
her love, affection and gratitude towards the Donee, has deemed fit to gift the Schedule
Property, out of free will and natural love and affection towards the Donee, absolutely for the
use and benefit of the Donee as an absolute owner.

NOW THIS GIFT DEED FURTHER WITNESSETH:

1. That in pursuance of the above and in consideration of the love and affection towards Donee, the
Donor hereby grants, conveys, transfers, assigns and set over UNTO AND IN FAVOUR of the
Donee all that piece and parcel of the Schedule Property, more fully described hereunder,
together with all the rights, title, interest, possession, claims, liberties, estates, easements, ways,
paths, water and water courses, heriditaments and all other privileges appurtenant or belonged
thereto, free from all kinds of encumbrances in favour of the Donee, TO HAVE, HOLD,
POSSESS and ENJOY the same by the Donee hereafterwards and forever as an absolute owner
without any let or hindrance from anybody or from whomsoever, free of all encumbrances.

110
2. The Donor assures the Donee that the Schedule Property is her own property and she has
every right and authority to deal and convey the Schedule Property to the Donee in the manner
herein contained.
3. The Donor further assures the Donee that the Schedule Property is not subject to any litigation,
maintenance charges, attachment decrees, minor claims, mortgage debts, tenancy rights, surety
or security claims and that the property is not notified for acquisition or any other proceedings
is pending before any Court or Authority and thus the Schedule Property and every portion
thereof is free from all kinds of encumbrances. The Donor has not created any charge or
encumbrance on the Schedule Property.

4. The Donor also agreed and undertakes to execute or cause to be done, executed or performed
all such further acts and deeds and to execute all further deeds of assurances, confirmation or
rectification deeds so as to convey a more valid and perfect title in the Schedule Property to
the Donee for his peaceful possession and enjoyment of the property, without any let,
hindrances or interruption whatsoever either by the Donor, her successors or anybody
claiming through or under her.

5. The upto date property tax is paid on the Schedule Property to the Bangalore Mahanagara
Palike and the Donee shall pay the same hereafter and entitled to get the Khatha of the
schedule property changed to his name in the revenue records of Bangalore Mahanagara
Palike.

6. The Donor has this day delivered all the documents of title and physical possession of the
Schedule Property. The Donee has duly accepted the Gift and taken possession of the
Schedule Property.

SCHEDULE PROPERTY

All that piece and parcel of the property bearing No. 258/5, 4th ‘A’ Cross, 5th Block,
Jayanagar, Bangalore, measuring East to West 50 Feet and North to South 75 Feet, in all
measuring 3750 Sq. Feet, with 40 Squares building and bounded on the

110
 East by: Site No. 257,

West by: Site No. 259,

North by: Site No. 243 & 244,

South by: 44th ‘A’ Cross.

IN WITNESS WHEREOF, the Donor and the Donee have signed, executed and
delivered this indenture of Gift, on the day, month and year first above written.

WITNESSES:

1. (Smt. Lakshmi devi)

DONOR

2.

“Accepted”

(Sri. Gaurav Rao)

DONEE

112
 PROMISSORY NOTE

THIS PROMISSORY NOTE (the Note) Dated this 25th Day of JULY 2021

MR. DATTARAM RAMDAS PATIL,

Flat no 906, 9th Floor, A/1, SAWALI Cooperative Housing Society Ltd, behind
Neelyog Anand Rajaram bane road, Laxminagar, Ghatkopar, East,
Mumbai-400075.

hereinafter called and referred to as the “VENDOR /

TRANSFEROR/BORROWER” (which expression shall unless it be repugnant to
the context or meaning thereof, mean and include his/her heirs, executors, administrators
and assigns)

hereby acknowledge the receipt of Rs. 45,75,000 /- (Rupees Forty-Five Lakhs

Seventy-Five Thousand Only)

FROM

MR. SUSHIL SURESH CHAVAN

Ganesh Maidan, Sainath Nagar Road 1/11, Shivkrupa Chawl, GaneshNagar, Ghatkopar
(Wast), Mumbai-400086.,

hereinafter called and referred to as the “PURCHASERS /

TRANSFEREES/LENDER” (which expression shall unless it be repugnant to the context
or meaning thereof, mean and include her / his/ Their heirs, executors,
administrators and assigns)

113
1. PROMISE OF PAYMENT OR ASSIGN, TRANSFER AND DISPOSED OFF ALL
HER/HIS RIGHTS, TITLE AND INTEREST IN RESPECT OF THE SAID FLAT No.
906, 9th FLOOR, BUILDING NO. A/1, SAWALI COOPERATIVE HOUSING
SOCIETY LTD, BEHIND NEELYOG ANAND RAJARAM BANE ROAD,
LAXMINAGAR, GHATKOPAR, EAST, MUMBAI-400075PREMISES ALONG WITH
SAID SHARES AND MEMBERSHIP RIGHTS OF THE SAID SOCIETY.

FOR VALUE RECEIVED, the borrower hereby promises to pay to the Lender at Ganesh
Maidan, Sainath Nagar Road 1/11, Shivkrupa Chawl, GaneshNagar, Ghatkopar (Wast),
Mumbai-400086, or at such other place, or to such other party, as the Lender may from time
to time designate in writing. The principal sum of Rs. 45,75,000 /- (Rupees Forty-Five Lakhs
Seventy-Five Thousand Only) or SAID FLAT No. 906, 9th FLOOR, BUILDING NO. A/1,
SAWALI COOPERATIVE HOUSING SOCIETY LTD GHATKOPAR, EAST,
MUMBAI-400075.

2. INTEREST RATE

The unpaid portion of the principal sum shall be subject to interest, which include principal
amount which shall be equivalent to the price of the Flat no.906 9 th floor will be determined
according to the market price at the time of registration of it.

3. SCHEDULE OF PAYMENTS

The “VENDOR / TRANSFEROR/BORROWER” will repay or assign, transfer and

disposed off all her/his rights, title and interest in respect of the said flat no. 906, 9 th floor,
building no. A/1, sawali cooperative housing society ltd, behind neelyog anand rajaram bane
road, laxminagar, ghatkopar, east, mumbai400075, premises along with said shares and
membership rights of the said society at the time of Flat Registration and other Society or
Registration office correspondence.

Upon payment in full of the balance owing on this note, or ASSIGN, TRANSFER AND
DISPOSED OFF ALL HER/HIS RIGHTS, TITLE AND INTEREST IN
RESPECT OF THE SAID FLAT No. 906, 9th floor, this note shall be surrendered to the
Borrower for cancellation.

4. DEFAULT AND ACCELERATION

114
Notwithstanding any contrary statements contained in this Note if the Borrower defaults on
payment of this Note or any other obligation set forth herein, and the default continues after the
Lender notifies the Borrower of the default and the period within which it must be corrected
as may be required by law, then the Lender may declare the unpaid principal balance and any
accrued interest immediately due and payable.

5. PRE-PAYMENT

Notwithstanding situations in which the Borrower has defaulted on payment of this Note, the
Borrower reserves the right to prepay this Note, in whole or in part, with further bonus or
penalty.

6. SECURITY

This Note shall be secured by in form of SAID FLAT No. 906, 9th FLOOR, BUILDING NO.
A/1, SAWALI COOPERATIVE HOUSING SOCIETY LTD GHATKOPAR, EAST,
MUMBAI-400075 as a security.

This Promissory Note will only come into existence if “VENDOR/

TRANSFEROR/BORROWER “will ask for any kind of Expectation, Demand, Condition
or Share of the property. While registration of SAID FLAT No. 906, 9 th FLOOR, BUILDING
NO. A/1, SAWALI COOPERATIVE HOUSING SOCIETY LTD GHATKOPAR, EAST,
MUMBAI-400075.

IN WITNESS & GUARANTORS WHEREOF the parties have duly affixed their
signatures under seal on this:

1. MR. DATTARAM RAMDAS PATIL

(“VENDOR / TRANSFEROR/BORROWER”)

115
2. MR. ATUL DATTARAM PATIL

(“GUARANTORS”)

3. MR. AVINASH DATTARAM PATIL

(“GUARANTORS”)

MR. SUSHIL SURESH CHAVAN

(“PURCHASERS / TRANSFEREES/LENDER”)

MR. BALA AROTE

(WITNESS)

MR. SANJAY KERU SANAP

(WITNESS)

116
RECEIPT

RECEIVED from the within named PURCHASERS / TRANSFEREES – MR.

DATTARAM RAMDAS PATIL the sum of Rs. 45,75,000 /- (Rupees Forty-Five Lakhs
Seventy-Five Thousand Only) by Cheque / Cash (as detailed below), as and by way of Full
Consideration / Cost price against sale of my Residential Premises Being Flat No. 906, 9 th Floor,
Building No. A/1, SAWALI Cooperative Housing Society Ltd, behind Neelyog Anand Rajaram
Bane Road, Laxminagar, Ghatkopar, East, Mumbai-400075, as per in the following manner

Cheque Drawn on Bank &

Date Amount
No. Branch
418889 30/07/2021 State bank of India 10,00,000/-

418888 29/07/2021 State bank of India 10,00,000/-

690436 29/07/2021 State bank of India 10,00,000/-

Mumbai District Central co-op

264560 30/07/2021 10,00,000/-
bank ltd.
Mumbai District Central co-op
148984 29/07/2021 4,00,000/-
bank ltd.
30/07/2021 Cash
Total Consideration 45,75,000/-

Rs. 45,75,000/- (Rupees Forty-Five Lakhs Seventy-Five Thousand Only)

I SAY RECEIVED RS. 45,75,000/-

MR. DATTARAM RAMDAS PATIL

117
 GENERAL POWER OF ATTORNEY

THIS GENERAL POWER OF ATTORNEY IS MADE

ON THIS FIRST DAY OF JA N UA RY 2025

KNOW ALL MEN BY THIS GENERAL POWER OF ATTORNEY THAT WE (1)

SRI SOMNATH DUTTA, (PAN No. AKLPS2697G) (2) SRI RAMESH DUTTA (PAN

No. AKWPS4149N), (3) SRI NARAYAN DUTTA (PAN No. AKVPS2180E) (4) SRI

SUKHDEV DUTTA (PAN No. AHIPS4704L) (5) SRI GOPAL DUTTA (PAN No.

AJQPS2192C) all sons of Late Raj Ballav Dutta, all by faith Hindu, by Nationality Indian,

by occupation - 1,2,3 & 4 retired persons and (5) service, all are residing at Bandhapukur

South, P.O. Kandi, P.S. Kandi, Dist. Murshidabad, West Bengal, Pin - 742137, (6)

SMT ARATI DUTTA (PAN No. AKAP568878C), Wife of Akash Dutta, by faith

Hindu, by Nationality Indian, by occupation - Retired, residing at Subhas Nagar, Matri

Villa, Chakda, Nadia (7) SMT. BHUMI DUTTA (PAN No. AKAPS2771C), wife of

Gobinda Dutta, by faith Hindu, by Nationality Indian, by occupation - Service, residing

at Bose Para, Bandh Road, Nabadwip, Nadia, (8) SMT. SARASWATI DAS (PAN

No.AVFPD9314A), wife of Late Apurba Das, by faith Hindu, by Nationality Indian, by

occupation -Housewife, residing at Poramatala, Nabadwip, Nadia. Herein after called the

"PRINCIPALS" (Which expression shall unless excluded by or repugnant to the subject

or context be deemed to mean and include each of their respective heirs, executors,

administrators, legal representatives, and assigns) are the jointly owners and of ALL

THAT piece and parcel of MokorariMourashiBastu Land admeasuring an area more or

less 05 Cottahs, 03 Chittaks 02 Square feet together with R.T. Shed Structures standing

thereon or onpart thereof (herein after called the “SAID PROPERTY”) free from all

118
 encumbrances, charges, lispendens, attachments, trusts, 113

whatsoever or howsoever comprised in Howrah Municipal Corporation holding No. 9 “X”

Lane, Faridpur Block, North Buxarah, P.S. Jagacha (presently Santragachi), District - Howrah,

within the ambit of Howrah Municipal Corporation ward No. 45, Corresponding to R.S. Dag

No. 150 under R.S. Khatian No. 137 within Mouza - Uttar Baksara, J.L. No. 7, L.R. Dag No.

271, L.R. Khattian No. 651, Police Station - Santragachi (old Jurisdiction - Jagacha), District -

Howrah together with right of user over the common passage and all sorts of easement rights

attached thereto within the Jurisdiction District Registrar at Howrah and Additional District Sub

Registrar at Domjur. We have entered in to a registered agreement for development of the

aforesaid property which is morefully described in the schedule herein below for construction

of multi storied buildings with the M/S. BAJRANGBALI BUILDERS , a Proprietorship

Company having registered Office at 42, Baikuntha Chatterjee Lane, P.O. and P.S. - Howrah,

District - Howrah - 711101, being represented by its sole proprietor SRI NIKHIL SHAH (PAN

No. BNSPS9131C), Son of Sri Dinesh Kumar Shah, by faith - Hindu, by occupation business

(Land Developer), Residing at 42, Baikuntha Chatterjee Lane, Howrah : 711101.

AND WHEREAS IN PURSUANCE of the aforesaid registered Deed of development

agreement, we the Principals intend to demolish the old existing structure and to have

the Building plan Sanctioned from the Howrah Municipal Corporation, but due to our personal

difficulties and other engagements, it is not at all possible for us to personally appear before

any office or department and to do all acts and deeds hence, it is necessary and expedient

for us to appoint an Attorney to do and execute all acts, deeds and things and to look after,

conduct, supervise and administer all the affairs in respect of the said property.

119
 In the above circumstances we, the abovenamed PRINCIPALS do hereby nominate, appoint

and constitute BAJRANGBALI BUILDERS (PAN No. BNSPS9131C), a proprietorship Firm

being represented by its sole proprietor SRI NIKHIL SHAH (PAN No. BNSPS9131C), son of

Sri Dinesh Kumar Shah, by faith Hindu, by occupation business residing at 42, Baikuntha

Chatterjee Lane, P.S. and District –Howrah - 711101 as our true and lawful constituted

"ATTORNEY" to do the following acts, deeds, matters and things for us, in our names and on

our behalf in respect of the property mentioned in schedule herein below :

4. To Develop ALL THAT piece and parcel of Mokorari Mourashi Bastu Land admeasuring an

area more or less 05 Cottahs, 03 Chittaks 02 Square feet together with R. T. Shed Structures

standing thereon or onpart thereof (herein after collectively called the “said premises”) free

from all encumbrances, charges, lispendens, attachments, trusts, whatsoever or howsoever

comprised in Howrah Municipal Corporation holding No. 9 “X” Lane, Faridpur Block, North

Buxarah, P.S. Jagacha (presently Santragachi), District - Howrah, within the ambit of Howrah

Municipal Corporation ward No. 45, Corresponding to R.S. Dag No. 150 under R.S. Khatian

No. 137 within Mouza - Uttar Baksara, J.L. No. 7, L.R. Dag No. 271, L.R. Khattian No. 651,

Police Station - Santragachi (old Jurisdiction - Jagacha), District - Howrah together with right

of user over the common passage and all sorts of easement rights attached thereto within the

Jurisdiction District Registrar at Howrah and Additional District Sub Registrar at Domjur, and

to construct multi storied building consisting of selfcontained and dependent flat and for the

purpose of which a Development Agreement has already been executed

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5. To enter into, the PRINCIPALS will hand over the possession of the said property to

construct the multi storied building as per the Sanctioned plan.

6. To look after, manage, properly administer, control and also supervise all the development

of the said property and construction of multi storied building thereof as per sanctioned plan

on our behalf.

7. To sign, execute and submit all documents, statements, papers, undertakings, declarations as

may be required by the local authority and other appropriate authorities.

8. To appear before any necessary authorities including the District Development Authority, Fire

Brigade, West Bengal Police and component authority under the urban land (Ceiling and

Regulation) Act, 1976 and Government of West Bengal in connection with the development

of the aforesaid property on our behalf.

9. To pay fees for obtaining Sanction Plan and such other orders and permissions from the

necessary authorities and also to submit and take delivery of title deeds concerning the said

property and also the papers and documents as may be required by the necessary authorities

and to appoint engineers / architects for the aforesaid purpose as the said ATTORNEY shall think fit and

proper.

10. To receive the excess amount of fees, if any, paid for the purpose of the development plans of

the said property to any authority or authorities.

11. To deal with any unlawful occupants, if any, in any manner as the said attorney may deem fit

and proper for getting the said property vacated from them and for that purpose to sign,

execute and enter into all agreements and to do all other acts, deeds and things as may be

necessary or required thereof.

121
12. To develop the said property by making construction of such type of building or buildings

thereon as the said attorney may deem fit and proper and for that purpose to take down,

demolish, and/or remove any house, building and/or structure whatsoever nature on the said

property, as may said attorney shall think fit and proper.

13. To engage and/or appoint the required numbers of engineers, architects, skilled and unskilled

persons and all persons for under taking and completing the work of the construction and to

bear and pay the irrespective fees, salaries, wages and remuneration.

14. To apply for and obtain electricity, gas, water, sewerage, drainage telephone or other

connections or any other utility to the said property and for that purpose to sign, execute and

submit all the papers, applications, documents and plans and to do all other act, deeds and

things as may be deemed fit and proper by the said attorneys.

15. To apply for and obtain building materials from the concerni ng authorities for construction of

the said property as aforesaid.

16. To pay all rates, taxes, charges, expenses and other outgoings what so ever payable for and on

account of the said property or any part thereof and similarly to receive all incoming receivable

for and on account of the said property or any part thereof including the rent and /or license

fees from the occupants thereof, if any.

17. To appear before all authorities and for the purposed of development of the proposed building

in question and for the same to sign, execute and submit necessary papers and documents and

to do all other acts, deeds and things as the said attorney may deem fit and proper.

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18. To negotiate with the intending purchaser(s) for flats etc. to be constructed on our said

property enter into any agreement with the said purchaser or purchasers pertaining to

developers allocation mentioned in the agreement made between ourselves and the

developer and to prepare collect advance or part payment or fulfill consideration from

the intending purchasers of the flats present and execute to developer allocation

mentioned the schedule here under and any such conveyance/conveyances for

registration, to admit execution and receive to consideration before the sub-registrar or

any other registration authority and too all acts, deed sand things which our attorney

shall consider necessary for completion or transfer of the said new building consisting

of self-contained flats to the all intending purchasers appertaining to the allocation of

developer's as per agreement on our behalf.

19. To advertise in newspaper and display hoardings in different places, engage agency or

agencies for selling of developers' allocation as the said attorney shall think fit and

proper.

20. To file and submit declarations, statements, applications and/ or returns to the

competent authority or any other or authorities in connection with the matters herein

contained.

21. To appear before any Notary, Registrar of Assurances, District Registrar, Additional

District Sub Registrar and other office/office authority or authorities having jurisdiction

for execution of necessary deed of conveyance appertaining to the developer's

allocation as per agreement of the proposed multistoried building which to be

constructed on our property.

123
 To sell, dispose off and /or transfer of the Developer’s allocation as per Development

agreement to the intending purchaser or purchasers and for the said purpose the said

attorney are hereby authorized to negotiate, execute, deeds or documents thereof present

the same for registration in the registry of and the total consideration Money etc. from

the such intending purchaser or /purchasers against such sale/ transfer without affecting

the interest of the Principals.

22. To execute Deed of Sale or conveyance in respect of the developer's allocation to be

made at the said property as per Sanctioned plan and also to registered the Deed of Sale

or conveyance of developers' allocation in favour of such intending purchaser or

purchasers at the registration office on our behalf for execution of valid sale deeds.

23. This General Power of Attorney is executed simultaneously with the Development

Agreement and the Development Agreement Shall be integral part and parcel of the

General Power of Attorney. This General Power of Attorney shall remain in force till the

Development agreement exists as aforesaid.

24. To appear in all the courts either civil, criminal or Revenue Original, Revisional or

Appellate or in the registration offices and in any other offices concerned wheresoever

and to sign and verify the vokalatnamas, Ekranamas, powernamas, showcauses

petitions, Objection petitions, before any Magistrate, either Executive Magistrate,

Judicial Magistrate, District Magistrate, Addl. Dist. Magistrate or before any Sub-Judge,

Munsiff, Session Judges, District Judges, Chief Judicial Magistrate, whomsoever in

respect of the said landed property in respect of the said property mentioned in the

schedule below.

25. To institute and file any case, suit or proceedings before any court of law against any

person, firm, association or any authority on our behalf in respect of our said property

124
26. To appoint, constitute and discharge any pleader, Advocate or any other legal

practitioner or any agent whenever our said Attorney may think fit and proper to do so

on our behalf.

27. To appear and to represent us before any Officers either Government, Local Authority,

Howrah, all police station, Collectorate's Office, HMC, Land Acquisition and Requisition

offices and all other offices concerned and to submit all applications, petitions, on our

behalf and to sign and verify the same on our behalf in respect of our landed property as

mentioned in the schedule.

28. To sign, verify and file applications for execution of any decree or orders of any court

of law on our behalf in respect of the said property mentioned in the schedule below.

29. To represent and attend before HMC authority for payment of any kind of taxes, rents,

revenues and all other fees in connection with the said property as mentioned and

written in the schedule below and also obtain all the receipts from them and also to

obtain necessary permission from time to time on our behalf.

30. To receive compensation payable in respect of any acquisition and/ or requisition of

the said property or any part hereof.

31. To file and defend suits, cases, appeals and application or whatsoever nature for and on

behalf of or to be instituted preferred by or against any person or persons in respect of the

said property and also present and prosecute write application in respect thereof.

32. To compromise suits, appeals or other legal proceeding in any Court, Tri bunal or other

Authority whatsoever and to sign and verify applications thereof.

33. To sign, declare and/ or affirm any plaint, written statement, petition, affidavit,

verifications, vokalatnamas, warrant or attorney memo of appeal of any other

documents or papers in proceedings or in any way connected therewith.

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 34. To deposit and withdraw fees, documents and money from any Court or Courts and/

or other person /persons or authority and give valid receipt sand discharges thereof.

35. For Allow any of the purpose hereinbefore stated to appear and represent us before all

authorities having jurisdiction and to sign, execute and submits papers and documents.

36. To sign and execute all other deeds except Principals' allocation instructions and

assurances which are considered necessary to (Central or State) and also allow the

Attorney to enter into or agree to such covenants and conditions as may be required for

fully and effectively complying the said new building.

Generally the said Attorney shall have the power to do all such other acts, deeds

except selling/registering Owners' allocation and things relating to the said property in

all manner whatsoever, as we could have lawfully done if personally present.

AND we do hereby ratify and confirm and agree to ratify and confirm all and

whatsoever our Attorney shall lawfully do or cause to be done in or about the said

property as aforesaid.

THE SCHEDULE REFERRED TO ABOVE

ALL THAT piece and parcel of Mokorari Mourashi Bastu Land admeasuring an area more or

less 05 Cottahs, 03 Chittaks 02 Square feet together with R. T. Shed Structures standing thereon

or on part thereof (herein after collectively called the “said property”) will be free after paying

the dues of taxes to Howrah Municipal Corporation from all encumbrances, charges,

lispendens, attachments, trusts, whatsoever or howsoever comprised in Howrah Municipal

Corporation holding No. 9 “X” Lane, Faridpur Block, North Buxarah, P.S. Jagacha (presently

Santragachi), District - Howrah, within the ambit of Howrah Municipal

126
 Corporation ward No. 45, Corresponding to R.S. Dag No. 150 under R.S. Khatian No.

137 within Mouza - Uttar Baksara, J.L. No. 7, L.R. Dag No. 271, L.R. Khattian No.

651, Police Station - Santragachi (old Jurisdiction - Jagacha), District - Howrah

together with right of user over the common passage and all sorts of easement rights

attached thereto within the Jurisdiction District Registrar at Howrah and Additional

District Sub Registrar at Domjur, Howrah and butted and bounded in the manner

following :

ON THE NORTH: Pond of DebendraNath Das

ON THE SOUTH: Property of Late CharubalaSaha

ON THE EAST: Land and building of Ananda Das

ON THE WEST: Common Passage

IN WITNESS WHEREOF we the said PRINCIPALS have hereto set and

subscribed by our hands on this ........ day of...

127
SIGNED, SEALED AND DELIVERED IN PRESENCES
OF

WITNESSES:

2.

SIGNATURE OF PRINCIPALS

SIGNATURE OF ATTORNEY

Drafted by me and
prepared in my office

Advocate
Judges’Court at Howrah.

128
 LAST WILL
This is the Last WILL executed by me on 8th Day of January Two Thousand Twenty One
(08 -01-2021)

S.V. Subbanna, 86
years,
S/o. Late S.N. Venkataramaiah 60,
First Cross, J.P. Nagar,
III Phase, Bangalore-560 078.

hereinafter called the Testator, wherever the context so requires.

IN FAVOUR OF

1. Sri. S. Kartik
S/o. S.V. Subbanna
aged about 52 years,
residing at No.11,
Classic Orchard,
Bannerghatta Road,
Bangalore.

2. Smt. S. Swarna Mayee,

W/o. H.N. Srinivasa Murthy
aged about 50 years,
Apartment No.05, 13th floor,
G.R.C. Brindavan
ITI Colony, Nayandahalli,
Bangalore.

3. Smt. S. Sudha Mayee

aged about 48 years.
W/o. S.Srikanth
3616 Emery Drive
Missisaguva
L5 M7 G. Canada

(Sl.No.1, 2 and 3 are the son and daughters of the testator hereinafter called the legatees
wherever the context so requires)

a. Whereas, the property bearing Site No.60, situated at first cross, J.P.
Nagar III Phase, Bangalore-78 was allotted to me by the erstwhile, city
Improvement Board, now known as Bangalore Development
Authority, Bangalore.

129
 b. And whereas, that in pursuance of the order of allotment I executed the
lease cum sale deed in favour of the City Improvement Trust Board on
18th December 1974 registered as Document No.7716 of 74-75 pages
20, Volume 1113 of Book No.1, on 1.1.1975 in the office of the Sub –
Registrar, Bangalore South Taluk, Bangalore;
c. And whereas, that in pursuance of lease-cum-sale deed dt. 18.12.1974, I
was put in the possession of the schedule property;
d. And whereas, the Khatha in respect of the schedule property was
changed to my name and I have been paying the property tax in the
authorities concerned;
e. And whereas, thereafter I applied for the grant of a plan for the
construction of the residential premises to the City Improvement,
Bangalore and the same was granted on 15.12.1977 vide L.R.No.SRK
III 54 of 76-77.
f. And whereas, that in pursuance of the sanctioned plan, I put up the
construction of the residential premises and got assessment the
property tax in respect of the schedule property and I have been
residing there since 30.5.1977.

g. And whereas, the City Improvement Trust Board transferred the

schedule properties situate at J.P.Nagar to the Corporation of the City
of Bangalore under the provisions of the Bangalore Development
Authority Act.
h. And whereas, the Bangalore Development Authority executed the
registered Deed of Conveyance in respect of the schedule property on
9th June Two thousand Six (9.6.2006) in respect of the schedule
property in my favour registered as Document No.1302, in Book No.1
at Page No.2, registered in the office of the Sub-Registrar, Bangalore
city District, Bangalore.
NOW THIS DEED OF WILL WITNESSETH AS FOLLOWS:

1. That I am the owner in possession of the schedule property and has been paying the
property tax etc. to the Corporation of the City of Bangalore.
2. Now, I am aged 86 and feel it appropriate to execute the WILL. I am hale and healthy
and in sound state of mind and thus there is no impediment for me in executing this WILL
on my own sweet will and volition in respect of the property;
3. I had been practicing as an advocate, Bangalore since January 1966 and retired from
the profession voluntarily from practicing about two and a half years ago. I acquired the
schedule property during the period of my practice.
4. Myself and my wife Smt. H.N. Saraswathi are living together in the schedule property.
5. I have a son and two daughters. All of them have settled in their life and are living
separately with their families.

130
6. My son S. Kartik aged 53 is a software engineer and is well placed in life and living
with his wife and his two children namely Aniketh and Arinjay at Classic Orchard Layout,
Bannerghatta Road, Bangalore.
7. My first daughter Swarna Mayee is aged about 52 and has been living with her
husband. They have a daughter by name Amitha Murthy and she is married.
8. My second daughter Sudha Mayee is a dental surgeon by profession and her husband
is an engineer. They are living at Missisagua, Toronto Canada. They have two daughters
namely Supritha and Susmitha. They have made payment for an apartment at
Banashankari. The construction is in progress.
9. My son is also residing in his own house situated at Classic Orchard, Bannerghatta
Road, Bangalore.Thus my so and daughters are living happily.

10. My son is looking after me and my wife and is attending to our requirements.

11. As stated supra that since my son and daughters have their own houses and have
settled in their life comfortably, I think that it is appropriate for me to make necessary
arrangements for the succession to the schedule property after my death in order to avoid
any misunderstanding arising out of unforeseen circumstances between them.

12. I was virtually in a predicamentas to how this small property could be shared
between my son and daughters I would be happy if they could jointly put up an appropriate
construction so that they can enjoy the property and also could satisfy their sentiments if
any, however I did not pursue the matter with any one of them. Thus I and my wife
discussed the matter and came to the following conclusion that there is no alternative
except to sell the schedule property and the sale proceeds be distributed as stated hereunder.

13. That my son should get half-a-share in the property or fifty percent of the proceeds
of the sale of the schedule property.

14. That out of the remaining fifty percent that my daughters are entitled to equal share
minus Rs.30,00,000/- (Rupees Thirty Lakhs only) i.e. the provisions made for my daughter
in law towards Arishina Kumkuma and to my grand sons and daughters, to purchase anyt
hing they require in our memory as stated hereunder;

 Smt. deepta Kartik. Rs.5,00,000/- (Five Lakhs only)

 Smt. Anitha Murthy Rs5,00,000/- (Five Lakhs only)

 Sri Aniketh, S/o. Kartik Rs.5,00,000/- (Five Lakhs only)

 Sri. Arinjay S/o. Kartik Rs.5,00,000/- (Five Lakhs only)

 Kum. Supritha Srikanth. Rs.5,00,000/- (Five Lakhs only).

 Kum. Susmitha Srikanth Rs.5,00,000/- (Five Lakhs only)

131
Thus that my son, daughters, daughter-in-laws, grandsons and granddaughters would
share the proceeds of the sale as aforestated and accordingly I bequeath the schedule
property to the legatees.

15. That my wife has the right of residence in the schedule property and can live therein
as long as she desires.

16. However it is open to the legatees that they are at liberty to take any collective
decision in case they desire to utilise the schedule property in any other manner without
reference made in this WILL.

17. That apart from the schedule property, I have fixed deposits at Karnataka Bank Ltd.,
9th Block, Jayanagar, Bangalore and also at Indian Overseas Bank, 9 th Block, Jayanagar,
Bangalore. I have nominated my wife to the fixed deposits. She is entitled to it. Besides,
I have joint savings bank accounts at Indian Overseas Bank, 9th Bank, Jayanagar and at
Karnataka Bank Ltd., 9th Block, Bangalore. My wife is entitled to that also.

SCHEDULE

Premises bearing No.60, situated at 1st Cross, J.P. Nagar, III Phase, Bangalore- 560 078,
measuring East to west: 30 ft. and North to South: 40 ft. and bounded on:

East by: Premises bearing no.61.

West by: Premises bearing No.59.
North by: Road
South by: Premises bearing no.65.

IN WITNESS WHEREOF, I S.V.Subbanna, the Executant has affixed my signature to this

LAST WILL on the day month and year first above written in the presence of the
following witnesses.

WITNESSES:

1.

EXECUTANT

2.

132
 TRUST DEED

Gaiatree Foundation

THIS INDENTURE OF TRUST executed on date:20th September 2019 BY Manash

Ghosh, aged 40, son of Sri Bijoy Ghosh residing at Vishwaneedam, Po: Turla, Dist:
Balangir, Odisha (hereinafter referred to as the SETTLOR which term wherever the
context so requires or admits shall mean and include his successors, executors,
administrators and assigns of ONE PART

IN FAVOR OF

Ananta Pal aged -39, son of late Sri Chhinu Putel, residing at
Vishwaneedam, Po: Turla, Dist: Balangir, Odisha.

Bikash Singh, aged 45; wife of Mike Wohne, residing at Zittau, DE, Germany

Chandan Das aged 48, son of Gerhard Wohne, residing at Zittau, DE,

Germany

(hereinafter referred to as „THE TRUSTEES‟ which expression wherever the context

so requires or admits shall mean and include their successors, executors, administrators
and assigns of the SECOND PART.

WHEREAS THE SETTLOR above named has been desirous of establishing

Integral School at Vishwaneedam and of creating a spiritual, educational and a
charitable Trust.

AND WHEREAS THE SETTLOR above named has settled a sum of

Rs.5000/- (Rupees Five Thousand only) as a fund and the land metioned in the deed
below.

AND WHEREAS THE SETTLOR above named has settled the assets and
properties mentioned in the Schedule hereunder,

in favor of the TRUSTEES upon Trust with a view to give effect to his desire
of creating and establishing a Trust for the purpose of establishing an Integral School
in Vishwaneedam and the terms and conditions are more particularly set out hereunder.

AND WHEREAS THE TRUSTEES named are willing to accept the office of
the Trustees for the purpose of carrying out the wishes (i.e. of establishing an Integral
Schools all over the world and of creating a spiritual, educational and a charitable
Trust) of the SETTLOR of the Trust under the provisions and directions set forth herein,
so as to enable to pursue its vowed objects.
133
The Purpose of Trust is to operate according to the concept of Sri Aurobindo and
The Mother on "Integral Education” and “Integral Yoga”.

THIS INDENTURE WITNESSETH AS FOLLOWS:

a. The SETTLOR above named hereby establishes a School Trust by the name of
“Gaiatree Foundation” for the purpose and upon the conditions set forth
hereunder

b. The TRUSTEES named above shall be the first trustees and have given their
consent to be appointed as the trustees and as taken thereof, they have set their
hands to this instrument.

The SETTLOR hereby conveys, transfers and assigns to the TRUSTEES the
above referred sum of Rs.5000/- (Rupees Five Thousand only) as a fund, as corpus
to the TRUST, the receipt of which, the TRUSTEES do hereby admit and
acknowledge.

c. The SETTLOR of the Trust hereby conveys, transfers, assigns to the

TRUSTEES the assets and properties mentioned in the Schedule hereunder, the
possession of which the Trustees hereby admit and acknowledge, to have and to
hold the same in trust as corpus of the Trust, to be used by the Trustees to carry
out and fulfill the objects of the Trust set forth herein, and the SETTLOR of the
Trust hereby relinquishes for all time any claim to or interest in the said assets
and properties or fund forming the subject matter of the Trust.

d. The office of the Trust for the time being shall be at Vishwaneedam, Po: Turla,
Via: Khaprakhol, Dist: Balangir, Odisha, with the power given to the Trustees to
shift the same to any other place in India upon the decision of the Board of
Trustees.

e. The TRUSTEES do hereby agree that they shall hold and stand possessed of the
said trust assets, properties and funds (which expression shall include all
investments in cash or kind or in any nature whatsoever into and for which, the
said property or a part or parts thereof may from time to time be converted,
varied or exchanged) and/ or such investments as may be held by the
TRUSTEES from time to time in relation to these presents together with all
income, profits, additions and accretions thereof, upon trust for the object set out
herein with and subject to the provisions and conditions hereinafter contained in
these presents.

134
 OBJECTS:

The objects of the Trust are:

1. To establish and run an Integral School near / at Vishwaneedam based on ideals of Sri
Aurobindo and The Mother for the benefit of the public.

2. To promote, spread and impart all aspects of education based on the concept of
Integral Education as envisaged by Sri Aurobindo and The Mother.

3. To construct and run schools, colleges, and educational institutions based on the ideals of
Sri Aurobindo and The Mother for the benefit of the public.

4. To provide grants, scholarships, fellowships and other forms of financial assistance to the
needy and deserving students for pursuing education, vocational training, skill
development etc.

5. To grant financial assistance to any educational institution for granting scholarships,

prizes, medals, awards for excellence in studies, sports and scientific research, distribution
of books and note books for poor and or deserving students.

6. To provide necessary facilities or to contribute to educational and scientific research

development in any place as the trust finds deemed fit.

7. To carry out any activities with the intention of service but not of any profit making.

8. To print, publish, purchase, sell, circulate, distribute or exhibit either free or for a price -
books, periodicals, journals, booklets, bulletins, calendars, message-cards, other
literature, films, documentaries, records, paintings and photographs which will assist or
promote the objects of the Trust.

9. To purchase, sell or otherwise distribute materials and services in the furtherance of the
objectives of the Trust.

10. To arrange and organize lectures, debates, discussions, study tours, conferences, or
radio-talks for the advancement of the objects of the Trust.

11. To organize and run residential educational programmee.

12. To establish Training Centre and allied educational institutions.

13. To organize and run schools under the affiliation and recognition of BSE, Odisha, CBSE,
and / or other Central, State Board and non-governmental agencies within India.

135
14. Raise funds through donations and contributions to support all the above activities, and
setting up appropriate management structure, including subsidiary units as necessary.
15. Create assets and transport facilities to accommodate any of the above activities.

BENEFICIARIES OF THE TRUST:

The Trust is established for the benefit for the humanity as al and the class of people mentioned
above without discrimination of caste, religion, creed or sex.

PROPERTIES:

The Trust properties shall consist of

1. The amount Transferred by the SETTLOR as mentioned above, towards the Corpus Fund
of the Trust.

2. The immovable properties and other assets transferred by SETTLOR as mentioned

above.

3. Any cash or kind, properties, movable and immovable that may be acquired by purchase
or otherwise or all manner of rights, title or interest in or over any property movable or
immovable.

4. All additions and accretions to the Trust properties and the income there from.

5. All donations, gifts, legacies or grants, in cash or kind accepted by the Trustees

upon Trust.

The properties of the Trust shall be utilized for the objects set forth herein above and
subject to the provisions and conditions herein mentioned.

BOARD OF TRUSTEES, THEIR TERM AND POWER TO CO-OPT:

a. The Trust will be managed by a Board of Trustees consisting of not less than 3
trustees and not more than 11 trustees.
b. The parties of the Second Part will be the First Trustees and they shall
automatically form the Board of Trustees.
c. The Trustees shall at each meeting appoint one of their members present to be
the chairman of the meeting.
d. The annual meeting of the Board shall be once of each year. The Board may also
meet on requisition by any Trustee. All decisions of the Board shall be by simple
majority unless otherwise provided.

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 f. The trustees appointed shall hold office for a period of five years and are eligible
for reappointment.
g. Any trustee may if he/she do desires, resign his / her trusteeship even before the
expiry of term of trusteeship and the resignation would be effective only from
the date of acceptable of such resignation by the Board of Trustees.
h. The office of a trustee will automatically becomes vacant on the occurring of any
of the following events:
(1)Death of trustee (2) bankruptcy of the trustee (3) conviction of the trustee for a criminal
offence under the Indian penal code.
The managing trustee shall sue and be sued on behalf of and against Gaiatree Foundation in
case any legal action which may occur in future.

TERM OF OFFICE OF TRUSTEES:

a. The term of office of First Trustees shall be for five years.

b. The Board of Trustees shall have the power to increase the total number of Trustees
upto the maximum number stated above and fix their term as per provisions
contained herein.
c. The Board of Trustees shall nominate a Managing Trustee at the beginning of every
term.
d. Ananta Pal shall be the first Managing Trustee.
e. Any Trustee, including the Managing Trustee may retire from the Trusteeship
hereof by giving two calendar month notice in writing of his or her intention to do
so to the Board of Trustees and after the expiry of the period of notice; the Trustee
giving the notice shall ipso facto cease to be a Trustee of these presents.
f. Any vacancy caused by death of any one of the First Trustees, or any vacancy caused
by the resignation of any of the Trustees, may be filled up by co-option by the Board of
Trustees.

The Trustees who are NOT the First Trustees shall hold office for a period of
one year from their date of appointment by the Trustees. At the end of this one year
period, the Board of Trustees may reappoint them for subsequent term or appoint other
persons as Trustees in such a manner that the total number of Trustees does not exceed
the approved maximum number of Trustees.

The proceedings of the Board of Trustees shall not in any way be invalidated
due to any post or posts remaining vacant. During the time when a vacancy is yet to be
filled up, the remaining Trustees shall act as “Full Board”, subject to the presence of
Quorum in the meetings. Any vacancy in the Board of Trustees or illegality in the
appointment of Trustees or their proceedings shall not invalidate any prior act or
decision of the Board.

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 TRUST ADMINISTRATION AND POWER TO THE BOARD:

The Board of Trustees shall have power to:

 To administer the Trust, its properties and affairs and do all the things which will
fulfill the performance of the objects for which the Trust is established and for
this purpose the Board can apply the whole or any part of the Trust property
towards the payment of the expenses of the Trust.

 To see that the income and the properties of the Trust is solely utilized towards
the objects of the Trust and no portion of it is utilized for payment to the Settlor,
or Trustees or their relatives by way of salary, allowances, profit, interest,
dividend etc.

 To open one or more bank accounts and operate the same or provide for operation
of the said accounts by any two among them authorized on their behalf.

 To invest the Trust funds in the manner not prohibited by any provisions of the
Income Tax Act, 1961.

 To buy, sell, mortgage, grant, lease, hire or otherwise alienate all or any of the
properties of the Trust in its discretion for adequate consideration, so however any
sale or alienation of immovable properties of the trust can be done only after
obtaining the prior approval of the Commissioner of Income Tax.

 To execute power of attorney or powers of attorney to any person for the purpose
of executing, administering or managing the whole or any part of the Trust for
the purpose of all or some among the objects of the Trust.

 To borrow money with or without security and to repay the same.

 To receive, collect and enforce recovery of all monies due or payable to the
Trust and grant receipts and discharges therefore.

 To settle, compromise or compound any disputes or refer the same to arbitration

or litigation.

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 To receive voluntary contributions from any person or persons, any organization,
association, trust and NGO from India or outside, after complying with the
statutory formalities, by way of donation, gifts or in any other manner and to hold
the same upon Trust for the objects set forth herein.

 To appoint, suspend, dismiss or otherwise deal with the staff required for the
administration of the Trust, to frame rules relating to their salaries and other benefits
and generally to exercise all powers ancillary and incidental to effectively carry
out the objects of the Trust.

 The Board shall have power to make and rescind rules and regulations for the
management and administration of the Trust.

 No Trustee shall commit any act or breach of Trust of the Trust fund or property
or cause any loss to the Trust property or commit fraud in the administration of
the Trust fund / property.

 The Trustees shall hold honorary office and shall not be entitled to any Salary,
allowances or perquisites, except for the reimbursement of actual expenses
incurred in connection with attending to the Trust matters.

 The Board of Trustees will follow the instructions given by any donor who makes
substantial contribution towards furtherance of the objects of the Trust, so long as
such instructions are not detrimental to the attainment of the objects of the Trust
and are in conformity with the provisions of the Income-tax Act, 1961.

 The Trustees shall select from among themselves Vice-President, Secretary and
Treasurer. No Trustee include the Managing Trustee shall hold more than one
post of above offices at the same time. The persons holding theses offices of
Vice President, Secretary and Treasurer shall be under the administrative
guidance and supervision of the Board of Trustees and will report through the
Managing Trustee.

 The Trust can form a School Executive Body (SEB) with members from
outside of trustees shall be for a period of three year from their date of formation
of the council and they may be reelected for further terms. The purpose of the
SEB is to manage, run and administer the school established by the Trust.

139
School Executive Body (SEB): The SEB is charged with managing the Integral School of
the Trust at Vishwaneedam. The SEB can decide the operating procedure and rules and
regulation for itself and they can set target for themselves and distribute the responsibilities
among themselves to carry out the work of the Trust but they have to inform the same to
the Trust in writing.
Membership of SEB: Every person inspired by the system of Integral Education as
envisaged by the mother and Sri Aurobindo or who is willing to be engaged in or who
may help in furtherance of or contribute to attaining the aims/objects of the Trust may be
invited by the Trust to become a member of SEB. SEB members are selected for their
commitment to the school as well as the skills they can bring to the tasks of the SEB.
Members of the SEB are volunteers and do not receive for their work on the SEB.

 The Trust may appoint sub-group(s) for specific tasks, with co-opted members.
Currently this includes Building and Land Development group etc. Such group
may keep its own financial records within existing framework and must report
regularly to the Board of Trustees.

ROLES AND RESPONSIBILITIES AND POWERS:

The Roles, Responsibilities and Powers of all these office bearers are defined
below. In addition to these, the Board of Trustee may grant additional roles,
responsibilities and powers to any of the Trustees as and when required.

1. MANAGING TRUSTEE:

In addition to discharging normal duties of a trustee, the Managing Trustee will

be authorized to sign all documents, including bank documents, acknowledge- ments
for the contributions received, and agreements with individuals, government institutions
and other organizations on behalf of the Board of Trustees upon the decision of the Board
for each and every case. Any document signed unilaterally by the Managing Trustee will
stand null and void.

The Managing Trustee is authorized to sign along with the Treasurer bank
cheques, deposit release vouchers etc.

The Managing Trustee alongwith the Board of trustees is responsible for

ensuring that the Trust pursues its objects and for maintaining the dignity of the Trust
organization and shall use his/her influence to promote the activities of the Trust.

140
 2. VICE PRESIDENT:

The Vice President shall discharge the duties of the Managing Trustee, in the
absence of the Managing Trustee of the Trust and shall have the power and authority
delegated and assigned to him/her by the Managing Trustee.

3. SECRETARY:

The Secretary shall maintain the records of the organization prepare and
circulate agenda and minutes of Board of Trustees meeting.

The Secretary shall be also responsible for the day to day administration
activities of the Trust. The Secretary shall deal with correspondence received by the
Trust, send replies in consultation with the Managing Trustee, Vice President and/or
the Treasurer where necessary. He/she is responsible for the safe custody of all the
assets and records of the Trust. The Secretary shall represent the Trust in all legal
matters, sign the papers related to legal cases, attend to courts or represent the Trust in
Government offices.

4. TREASURER:

The Treasurer will prepare Annual Budget, monthly and yearly expenditure
statements get the expenditure audited by auditor duly appointed by the Board of
Trustees and place them before the Board of Trustees for approval. The Treasurer is
responsible to maintain cash book and prepare vouchers for the payments made, receive
contributions, sign acknowledgements for the amounts or articles received by the Trust
and prepare monthly and yearly statements of revenue and expenditure, as well as, the
register of assets of the Trust and place them before the Board of Trustees for their
approval.

The Treasurer is authorized to sign bank cheques, application for drafts and
payment instructions jointly with the Managing Trustee and draw money from the bank,
upto the limits defined by the Board of Trustees in their meetings. The Treasurer is
responsible for safe custody of cash, bonds, securities etc. of the Trust.

MEETING OF THE BOARD OF TRUSTEES:

The Board of Trustees should meet at least once in every calendar year and may
meet more often when required.

1. The meeting of Board of Trustees shall be convened by the Managing Trustee. In his
absence, the Managing Trustee may authorize to any other Trust member to convene
such meetings. Any member of the Board of the Trustees can call for a meeting.
141
2. One half of the Board of Trustees or a minimum of three trustees, whichever is higher,
shall constitute the QUORUM for the Board of Trustees meetings.

3. All decisions shall be carried out by the majority decision of the Board but in the event
of equality of votes, the Chairman presiding over the meeting shall have a casting vote.

4. Any resolution in writing signed by all the Trustees by circulation shall have equal force
as though it has been passed at a meeting of the Board of Trustees.

5. The meeting of the Board shall be convened after giving at least a week’s notice unless
all the Trustees agree to accept a shorter notice.

6. The Board of Trustees may invite other persons interested in the objects and
functioning of the Trust to attend the meetings of the Board, but they shall not be
entitled vote in the meetings of the Board.

BANK ACCOUNT:

1. The Managing Trustee and the Treasurer shall jointly operate Bank Accounts on behalf
of the Trust. In their absence, any of the Trustees may be authorized by the Board of
Trustees, by a resolution, to operate the bank accounts. One or more Bank Accounts may be
opened in any Bank and or Banks in the name of the Trust anywhere in carry out the objectives of the
Trust.

2. The Managing Trustee and the Treasurer may open Sub-Bank Account with its main
bank account. The trust may allow two members from School Executive Body (SEB) to
operate the sub bank account on behalf of Trust for daily work of the school. For that a
resolution copy of trust or a letter from Managing Trustee and a resolution from SEB
members are needed.

INVESTMENT OF TRUST FUNDS:

1. The Board of Trustees shall have the power to invest the funds, assets and properties of
the Trust at their discretion in accordance with the provisions of the Income Tax Act,
1961.

2. The Board shall also determine from time to time, the amount it shall spend on the
various activities of the Trust.

3. The receipt of the trustees for any moneys, stocks, funds, shares securities, or
investments paid, delivered or transferred to them in execution of the

142
 trust of powers thereof, effectually release and discharge the person or persons, delivering
or transferring the same, and from seeing or from being bound to see to the application or
being answerable for any loss or misapplication thereof.

4. The trustees shall be respectively chargeable only for such moneys, stocks,
shares, funds and securities as they shall actually receive notwithstanding their
respectively signing a receipt jointly with others for the sake of conformity and
shall be answerable and accountable for their own accounts receipts, neglects,
and defaults respectively and shall not be answerable either one for the other or
others of them or for any banker, broker or the person with whom or into whose
hands any trust money or securities may come or be deposited or for the
insufficiency or deficiency of any stocks, funds or other securities or for any
other loss unless the same shall happen through their willful default or
negligence.

ACCOUNTS AND AUDIT:

1. The financial year of the Trust shall be from beginning and end of academic session of
the school of the following year, unless otherwise decided by the Board of Trustees.

2. The Board of Trustees shall maintain true and correct accounts of the Trust.

3. The trustees shall cause true and accurate accounts to be kept of all moneys received
and spent and of all matters in respect thereof in the course of the management
of trust properties or in relation to carrying out the objects and purposes of the
trust as well as of all the assets, liabilities, credits and effects of the trust
properties.

4. The accounts of the Trust shall be annually audited by a Chartered Accountant

appointed by the Board of Trustees and the audited statement of account shall be
placed before the Board for its approval within three months of the close of the
financial year.

AMENDMENTS:

1. While this Trust shall be irrevocable, the Board of Trustees may amend any of the clauses
except those relating to objects of the Trust. The First Trustees, at a duly convened meeting
of the Board with at least 2 weeks’ notice, and by a resolution passed by at least three-
fourths majority of the Board of Trustees.

143
 The amendments to the Trust Deed can only be passed by a resolution of the
Board of Trustees in an actual meeting and not by circulation.

2. If any alteration or amendment is necessary, the same shall be affected through

supplementary deed/deeds with the previous approval of the Commissioner of Income
Tax and these shall be read together with the main Trust deed.

INDEMNITY:

The Board of Trustees shall be indemnified for any act done by them in good faith in
the course of the administration of the Trust.

RELATIVES OF THE SETTLOR AND THE TRUSTEES:

Notwithstanding the powers vested with the Trustees under the preceding clause, no
part of the income of the Trust shall benefit directly or indirectly the trustees and no part
of the income of the property of the Trust shall be used or applied directly or indirectly
for the benefit of:

1. SETTLOR, Managing Trustee, Trustees or any person who makes a substantial

contribution to the Trust or of any relative of the SETTLOR, Managing Trustee,
Trustees or the person who makes a substantial contribution.
2. Any “related concern” in which any of the above persons has substantial interest.
3. For the purpose of this clause, the word “relative” and the phrases “related concern”,
“substantial interest” and “substantial contribution” shall have the meanings assigned to
them in the Income Tax Act, 1961.

APPLICABILITY OF TRUST ACT:

The provisions of the Indian Trust Act 1882 shall apply to all matters not specifically
mentioned in these presents.

APPLICATION OF INCOME TAX ACT:

All clauses herein are intended to secure exemption from Income Tax on the income of contributions
and donations to the Trust and any clause or portion of this Deed of Trust which is inconsistent with or
repugnant to the sections of the Income Tax Act, 1961 as amended, substituted or modified from time
to time, shall be deemed to be deleted or modified with effect from the date on which the sections to
which the clause or part of a clause is repugnant or inconsistent comes into force.

144
THIS TRUST IS DECLARED IRREVOCABLE.

DISSOLUTION:

In the event of dissolution of the Trust, the entire Trust funds shall be realized
and first be used for payment of liabilities of the Trust. The assets left if any, shall be
disbursed to Vishwaneedam or the New Life Education Trust, Bhubaneswar, Orissa
after obtaining approval from the Commissioner of Income Tax and in no event it shall
be distributed in any manner, to any of the Board of Trustees or their relatives or related
concerns or to the settlor.

SCHEDULE

At present, the Trust has no property or assets, either movable or immovable,

other than the Trust Fund and the immovable properties, donated by the SETTLOR, as
described in the Schedule below:

Cash contribution to the Corpus Fund of the Trust of Rs. 5000

(Rupees Five Thousand only).

THE SETTLOR is hereby authorized the Gaiatree Foundation to use his land Plot No:
982B and 999A Holding No: 72 measuring the area of Ac 4.84 and existing building
and facilities at Turla Village, Khaprakhol Tahasil to run the school and do the social
and spiritual development work as long as foundation wants. The Foundation also
authorized to construct building and develop the land for the abovementioned works.

IN WITNESS WHEREOF THE SETTLOR AND THE FIRST

TRUSTEES here to have set their hands on the day, month, and year first above written.

SIGNATURE OF SETTLORS

Signature:

Name: Manash Ghosh

Address: At: Vishwaneedam. Po: Turla, Dist: Balangir, Odisha,767028

145
 SIGNATURE OF FIRST TRUSTEES

1. Signature:

Name: Ananta Pal

Address: at Vishwaneedam, Street 26

2. Signature: ----------------

Name: Bikash Singh

Address: Keimann-Po. Turla via.

Khaprakhol 02763 zittau

3. Signature:

Name: Chandan Das

Address: Keimann - street 2602763 Zittau Germany

Witnesses:

1. Signature: ----------------
Name: Bablu Meher, S/o Tikeswar Meher

Address: At/Po: Turla, Via, Khaprakhol, Dist: Balangir, Odisha, 767028

2. Signature: -------------------

Name: Ashish Kumar Chandan, S/o Udayanath Chandan

Address: At/Po: Patnagarh, Aurovilla (Brahamapura), Dist: Balangir, Odisha, 767025

146
 LEAVE AND LICENSE AGREEMENT

This Agreement of LEAVE AND LICENSE is made on 1st day of the Month of December of
the year 2018

BETWEEN

SRI ABHISHEK BOSE, son of Rajkuntal Bose, major in age, married, businessperson, Indian
National, residing at House No. LSS-264, Sai Sehna, Co-op Society, New Pundalik Nagar,
Housing Board Colony, Porvorim, Bardez, Goa, hereinafter referred to as the "LICENSOR"
(which expression shall, unless it be repugnant to the context or meaning thereof, be deemed
to mean include his successors and/or assigns) of the FIRST PART.

AND

MR. BIJOY SHARMA, son of Vinayak Sharma, Age – 38 years, married, businessman, Indian

National r/o. H.No 145, Mala, Panjim, North-Goa, Tiswadi, 403001, hereinafter referred to as

the "LICENSEE" of the OTHER PART.

WHEREAS the Licensor is the owner of a shop premises bearing no.SH-100/4 admeasuring

1200 Square meters, situated in building known as “Sapana Heights” Near Madhuban

Complex, St- Inez, Panaji, Goa (hereinafter referred to as the "SAID PREMISES").

AND WHEREAS the Licensee has approached the Licensor to grant him said premises for

period of eleven months on temporary basis for business purpose in the said premises i.e from

01.12.2018 to 31.10.2019.

AND WHEREAS the Licenser has agreed to grant the licence to the licencee to temporarily

occupy the said premises for a period of 11 Months commencing from 01.12.2018 to

31.10.2019 subject to the terms and conditions contained hereunder which terms and conditions

both the parties desire to reduce them in writing as follows:

147
 NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. The Licensor hereby allows the Licensee to occupy on temporary basis the above "said

premises” for the said period of 11 months with effect from 01.12.2018 to 31.10.2019, subject

to the terms and conditions contained herein under: -

2. The said License may be renewed for a further period of 11 months only at the sole discretion

of the Licensor in writing if the licensor so desires on fresh terms and conditions.

3. The licensee shall vacate the premises and cease to occupy the same on expiry of the licensed

period without delay or hesitation. Failure to vacate the premises on the expiration of the

license shall render the licensee as trespasser and the licensor shall be entitled to recover Rs

10,000/- (Rupees Ten Thousand only) per day from the licensee as damages without prejudice

to the other rights of the Licensor.

4. The Licensee has agreed to pay monthly compensation of Rs. 7, 000 /- (Rupees Seven

thousand only) per month on 1st day of each succeeding month. The Licensee has paid the

compensation for the month of December which the Licensor hereby admits and

acknowledges having received.

5. The Licensee has agreed to pay interest free security deposit of Rs. 15,000 /- (Rupees Fifteen

Thousand only) which the Licensor hereby admits and acknowledges having received.

It is agreed that the security deposit shall be refunded by the Licensor to the Licensee at

the time the licensee vacating and ceasing to occupy the said premises. It is agreed that

the security deposit shall not carry any interest. If any damage is caused to the said

premises or the furniture's and fixtures the said security deposit shall be applied towards

148
 the settlement of the damage and the excess if any will be recovered from the Licensee.

In the event the Licensee terminates the agreement before its expiry of 11 months or

leaves the premises within 11 months then the security deposit paid by Licensee shall

not be refunded by the Licensor.

6. The Licensee shall occupy the said premises only for business purpose and not for any other

purpose or any other person whatsoever.

7. The Licensee shall not do any construction, extension or modification to the said premises.

8. The Licensee shall not store any contraband items, any corrosive explosive or hazardous

goods nor any drugs or narcotics.

9. It is agreed that possession of the premises shall remain with the Licensor and the Licensor

shall be deemed always to be in exclusive possession of the licensed premises. Licensor shall

have the right to enter into the premises at any time to inspect the premises or otherwise. It is

further expressly agreed that only temporary occupation of the premises shall be with the

Licensee.

10. The Licensee shall pay electricity bills pertaining to the licensed premises and submit the

original payment receipts along with the bills to the Licensor.

11. The Licensee shall obey and abide by all the rules established by the society of the said

building in which the said premises is situated. The licensee shall pay all the Government

Taxes and Society Fees.

12. The Licensee shall remove himself with all the persons from the said premise with all their

belonging on the revocation or Termination of the License and shall deliver the keys of the

said premises to the licensor on revocation/termination of the License.

149
13. Licensor shall be entitled to cancel the License in the event Licensee commits defaults and

contravenes any of the conditions of the License.

14. In the event of' the Licensee desiring to vacate and stop occupying the said premises, he shall

give advance two months notice to the Licensor. In the event the Licensor desiring to terminate

the License before the License period, he shall give advance 2 months notice to the Licensee

at the address mentioned in this agreement except in cases of violation or contravention of

conditions of the license in which case 2 months period will be dispensed with.

15. This License does not create any demise or tenancy or any other right in favour of the Licensee

in the said premises or any other part thereof.

16. Any notice to be served upon the Licensee shall be deemed to be properly served if addressed

to the Licensee and if delivered at the said premises or if pasted on the outer door of the said

premises.

17. That the licensee shall not commit any such act which shall be declared as per the law of the

land and/or may cause nuisance to the occupants of the other portion of the building or the

building of the neighborhood and he shall be fully responsible for the same in case of breach

of the same and for the legal consequences.

18. The licensee shall maintain and keep the said premises in good condition and shall not carry

out any illegal activities in the said premises.

150
 IN WITNESS whereof the parties hereto have signed this Agreement on the day, month and year first

hereinabove mentioned.

SIGNED, SEALED & DELIVERED

BY THE WITHIN NAMED LICENSOR

SHRI ABHISHEK BOSE

SIGNED, SEALED & DELIVERED BY THE WITHIN

NAMED LICENSEE

MR. BIJOY SHARMA

IN THE PRESENCE OF WITNESSES:

151
152
PART-IV OTHER PROCEEDINGS PETITIONS

153
 NOTICE UNDER RTI ACT
Public Information Officers
Municipality of New Delhi
188 Vasant Kunj, New Delhi-100001

Sub: Application under the RTI

Act, 2005 Sir,

Kindly provide the following information related to water facility being provided by you in
Chauki, Vasant Kunj

1. What is the total population of Vasant Kunj as per DJB records?

2. What is the theoretical requirement of drinking water on daily basis as per DJB?

3. What are the different sources through which water is being provided presently to Vasant
Kunj? How much water is being provided through each source daily?

4. According to DJB estimates, what is the quantum of water scarcity?

5. Since the year 1995, how has the water scarcity been increasing? Please give yearwise
figures of water scarcity that existed as per DJB records since 1995.

6. What are the reasons for water scarcity?

7. What steps have been taken by DJB to address this problem since 1995?

8. What are the short term and long term solutions to solve this problem according to DJB?
What steps have been taken so far and what are the hurdles in implementing these
solutions?

9. Under sec 2(j)(i) of the Right to Information Act, 2005, we would like to inspect the
quantum of

water being supplied by DJB from different sources – both at the source from where the water
starts and the place at which it reaches Vasant Kunj. Please intimate the date, time and venue
when this inspection would be arranged by DJB.

10. Please provide a list of all the complaints received by DJB from any source – in writing or in
central control room or on phone, with respect to water problem in Vasant Kunj. The

154
 list should be provided for the period 1.4.2003 to 31.8.04. The list should contain the
following details:

 Name and address of complainant

 Date of complaint

 Brief description of complaint

 Action taken

 Date of action.

11. The water in our area is very dirty. I want that a sample of water should be collected in my
presence and tested. Please intimate the date and time when the sample would be collected
from my house at 198/12 Vasant Kunj, New Delhi. I am depositing the application fee (Rs.10/-
) separately/ I am a BPL card Holder, So, I am exempt from payment of fees. My BPL card no. is:
574574575/ If you feel that above requested information does not pertain to your department then please
follow the provisions of Section 6(3) of the RTI Act, 2005/Also as per the provisions of the RTI Act, 2005
please provide the details (Name and Designation) of the first appellate authority w.r.t to your
department with the reply to the above request., where I may if required file my first appeal. Thank you,

Mr. Rajkumar Manna

198/12 Vasant Kunj, New Delhi 100001

155
 NOTICE UNDER SARFAESI ACT

STATE BANK OF INDIA

190/2 Maniktala Main Road
Kolkata 700054
Phone: +91 33 2320 2703
Email: [email protected]

Date: 18/04/2025

To,
Mr. Rajkumar Chowdhury
Flat 103, 188A/23 Maniktala Main Road
Kolkata 700054

NOTICE UNDER SECTION 13(2) OF THE SARFAESI ACT, 2002

Dear Mr. Chowdhury,

Subject: Demand Notice under Section 13(2) of the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest Act, 2002

This is to inform you that you, as the borrower/co-borrower/guarantor, have availed financial
assistance from SBI under the following loan facility:

Loan Account No.: 98R2H234435

Type of Loan: Term Loan

Sanctioned Amount: ₹18,00,000/-

Outstanding Amount (as on date): ₹17,01,390/-

156
Despite repeated reminders and requests, you have failed to make payments in accordance with
the agreed repayment terms. As a result, the above loan account has been classified as a Non-
Performing Asset (NPA) as per the guidelines of the Reserve Bank of India (RBI), on
10/03/2025.

In exercise of the powers conferred under Section 13(2) of the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
(hereinafter referred to as "SARFAESI Act"), we hereby call upon you to repay in full the
entire outstanding amount of ₹17,01,390/- (Rupees Seventeen Lakh One Thousand Three
Hundred and Ninety Only), along with further interest, costs, and charges, within 60 days
from the date of this notice.

Details of Secured Assets:

[Provide a detailed description of the secured assets—immovable/movable property—against
which the security interest has been created. For example:]

All that piece and parcel of the immovable property located at [Property Address], more
particularly described in [Loan/Mortgage Document reference].

Please take notice that if you fail to discharge in full the liabilities mentioned above within the
stipulated period of 60 days, the Bank shall be constrained to take further action under Section
13(4) of the SARFAESI Act and Rules made thereunder, including taking possession of the
secured assets and/or proceeding with their sale without further reference to you.

This notice is issued without prejudice to any other rights and remedies available to the Bank
under applicable laws.

For any clarification or settlement of your dues, you may contact:

Mr. Gopal Das– Branch Manager
8392173192 [email protected]

Sincerely,
Mr. Gopal Das
Authorised Officer
State Bank of India
Bagmari Branch
157
Enclosures:

 Statement of Account
 Copy of Loan Agreement
 Property/Mortgage Documents

158
 NOTICE UNDER CONSUMER PROTECTION ACT

BHOPAL DAS
Flat No. 8B, Sun Residency
123 Prince Anwar Shah Road
Kolkata – 700049
Mob: +91-8087674326
Email: [email protected]

Date: 17 April 2025

To,
The Store Manager
Tata Croma (Electronics Retail)
Croma Store – South City Mall
375 Prince Anwar Shah Road
Kolkata – 700068

LEGAL NOTICE UNDER SECTION 35 OF THE CONSUMER

PROTECTION ACT, 2019

Subject: Defective iPhone sold by your store and failure to resolve the issue despite
repeated visits – Mental Harassment and Claim for Redressal

Dear Sir/Madam,

I, Bhopal Das, residing at Flat No. 8B, Sun Residency, 123 Prince Anwar Shah Road, Kolkata
– 700049, am constrained to issue this legal notice due to the immense mental agony,
harassment, and financial inconvenience I have suffered owing to your negligence and failure
to address a genuine consumer grievance.

On 10 January 2025, I purchased an Apple iPhone 14 (128 GB) from your store (South City
Mall, Kolkata) bearing Invoice No. CRKOL/2025/00123, for a sum of ₹79,999. The device
was under a 1-year standard manufacturer warranty.
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 Unfortunately, within 15 days of purchase, the phone started experiencing recurring issues—
namely, unexpected shutdowns, screen freezing, and overheating. I first visited your store on
27 January 2025, where I was assured that a software reset would fix the issue.

However, the same problem reappeared, and I had to revisit the store multiple times:

8 February 2025 – Issue persisted; the phone was sent to an authorized service center.
20 February 2025 – Phone returned after service, but the problem reappeared within 2 days.
5 March 2025 – Requested replacement. Was told to “observe” the phone for another week.
17 March 2025 – Again reported the same malfunction. No resolution provided.
2 April 2025 – Phone again stopped working; system failure during regular use.

Despite my repeated visits and being well within the warranty period, no proper resolution—
replacement or refund—has been offered. The defective product and your lack of professional
commitment have caused significant mental harassment, waste of time, financial burden, and
loss of productivity.

Please be advised that you have violated the provisions of the Consumer Protection Act, 2019,
particularly Sections 2(10), 2(11), and 2(47) relating to “deficiency in service”, “defective
product”, and “unfair trade practice”.

DEMAND:

I hereby call upon you to:

 Replace the faulty iPhone with a brand-new, defect-free unit OR

 Refund the full purchase amount of ₹79,999, and
 Pay ₹50,000 towards compensation for mental

harassment and legal expenses, within 15 days from the

date of receipt of this notice.

Failing which, I will be compelled to initiate appropriate legal proceedings before the
Consumer Disputes Redressal Commission, Kolkata, entirely at your risk, cost, and
consequence.
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This notice is issued without prejudice to my legal rights and remedies available under the
law.

Sincerely,
[Signed]
Bhopal Das

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 NOTICE TO CYBER CELL FOR CYBER CRIME

SHALINI GHOSH
Flat No. 13E, Sunrise Apartments 209A,
Lake Gardens Road
Kolkata – 700045
Mobile: +91-8078237645
Email: [email protected]

Date: 18 April 2025

To
The Officer-in-Charge
Cyber Crime Cell
Kolkata Police Headquarters
18, Lalbazar Street
Kolkata – 700001

Subject: Complaint Regarding Credit Card Fraud through Phishing – Request for Immediate
Action

Respected Sir/Madam,

I, Shalini Ghosh, a law-abiding citizen and resident of the address mentioned above, am
writing this letter to formally lodge a complaint regarding a case of credit card fraud and
phishing that I have recently been a victim of.

On 03 April 2025, I received an SMS on my registered mobile number (8078237645) from

what appeared to be a legitimate number purporting to be from my bank (HDFC Bank). The
message contained an urgent notification stating that my credit card was being temporarily
suspended due to suspicious activity and urged me to click on a link to verify my identity. The
link led to a webpage that resembled my bank's login portal.

Trusting the authenticity of the message, I entered my credit card details, including the card
number, CVV, and OTP as prompted. I soon realized I had been duped when, within the next

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15 minutes, I received multiple debit alerts from my bank totalling ₹84,750, spent across online
platforms that I have never accessed or purchased from.

Below is the chronology of events that transpired:

03 April 2025, 11:42 AM: SMS received with phishing link claiming to be from HDFC
Bank.
03 April 2025, 11:50 AM: I entered my card credentials on the fraudulent site.
03 April 2025, 12:03 PM to 12:15 PM: Multiple unauthorized transactions were carried out
totaling ₹84,750.
03 April 2025, 12:18 PM: I immediately called the HDFC Bank customer care helpline and
got the card blocked.
04 April 2025: I visited the HDFC Bank branch at Gariahat, Kolkata and submitted a
written dispute.
05 April 2025: Filed a complaint with HDFC Bank grievance redressal portal.
08 April 2025: Bank informed me that as the transactions were OTP authorized, reversal
might not be possible without a formal police complaint.

This incident has caused me severe mental harassment and anxiety, especially due to the misuse
of my financial information. As a law-abiding citizen, I am deeply distressed by how easily
cybercriminals are targeting innocent individuals and siphoning off hard-earned money.

I request your office to treat this matter with utmost urgency and initiate an investigation into
the phishing link and the IP addresses and accounts to which the funds were routed. I am
attaching screenshots of the SMS, the transaction messages, and my complaint
acknowledgment from HDFC Bank.

Details of the fraudulent transactions:

1. Bank: HDFC Bank

2. Card Type: Credit Card (MasterCard)
3. Total Amount: ₹84,750
4. Mode: Online Transactions
5. Date: 03 April 2025
6. Transaction IDs: [Attached screenshots with masked card details]
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Attachments:

 Screenshot of the phishing SMS

 Transaction alerts from the bank
 Copy of bank complaint acknowledgment
 Copy of Aadhaar card and PAN card for identification

I kindly request you to take necessary legal action under the Information Technology Act, 2000,
and Indian Penal Code provisions for cyber fraud. Please confirm the registration of my
complaint and share the case reference or FIR number once processed.

Thank you for your attention and support. I remain available for any further assistance or
clarification required from my end.

Yours sincerely,
Shalini Ghosh
(Signature)

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STAMP ACT ASSIGNMENT

165
MASKED

MASKED
Digitally signed by ANIMA SINHA Date:
2020.12.30 18:29:41 +05:30
Reason: Digitally e-Signing the Completion Certificate of the Deed.
 Government of West Bengal
OFFICE OF THE A.D.S.R.
BIDHAN NAGAR
District North 24-Parganas

Ref.: AIN 15042009111225598895 (Application for certified copy of registered deed) dated
2/28/2025

Total amount of duties/fees paid: Rs. 198.00/- (Rupees one hundred and ninety-eight) only

Certified to be a true copy of the deed being No. 11225 for the year 2009 of OFFICE OF THE
A.D.S.R. BIDHAN NAGAR.

Digitally signed by Sukanya

Talukdar
A.D.S.R.
BIDHAN
NAGAR
3/3/2025
11:23:13
AM

Digitally signed by SUKANYA

TALUKDAR Date: 2025.03.03
11:22:23 +05:30
Reason: Digital Signing of Deed.

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 AI IN DRAFTING AND CONVEYANCING

THE ROLE OF ARTIFICIAL INTELLIGENCE IN DRAFTING AND

CONVEYANCING

Introduction

Artificial Intelligence (AI) has rapidly emerged as a transformative force across a multitude of sectors
globally, and the legal industry is now witnessing the profound impact of this technological revolution. In
India, where the legal system is vast, complex, and often burdened with procedural delays, the integration
of AI into legal processes offers promising avenues for increased efficiency, accuracy, and accessibility.
Among the many facets of legal practice being reshaped by AI, two critical areas—legal drafting and
conveyancing—stand out for their high reliance on precision, standardization, and timely execution.
Legal drafting involves the creation of legal documents such as contracts, petitions, agreements, and wills,
which require meticulous attention to detail and adherence to legal norms. Conveyancing, on the other hand,
pertains primarily to the legal processes involved in the transfer of property, including the preparation of
deeds, registration documents, and title verification. Both functions have traditionally been labor-intensive,
time-consuming, and prone to human error. AI, with its capabilities in natural language processing (NLP),
machine learning (ML), and data analytics, is now poised to revolutionize these domains by automating
repetitive tasks, reducing turnaround time, and enhancing the overall quality and consistency of legal
documents.
This essay critically examines the growing application of AI in legal drafting and conveyancing within the
Indian context. It explores the various technologies and platforms currently in use, highlights the tangible
benefits such as cost reduction and error minimization, and also addresses the challenges—ranging from
data privacy concerns to ethical and regulatory issues. Additionally, the essay analyzes the legal
implications of relying on AI-generated documents and forecasts the evolving role of legal professionals in
an AI-augmented ecosystem. Through this comprehensive study, the essay aims to shed light on the
potential of AI to reshape the delivery of legal services in India, while also identifying the steps necessary
to ensure its responsible and effective implementation.

Understanding Drafting and Conveyancing

Drafting involves the creation of legal documents such as contracts, agreements, wills, and affidavits,
requiring precision and adherence to legal standards. Conveyancing, by contrast, pertains to the legal
procedures associated with the transfer of property ownership, including the drafting of sale deeds, lease
agreements, and mortgage documents.

Traditionally, both drafting and conveyancing have relied heavily on manual effort and the specialized
knowledge of legal practitioners, often making them time-intensive and prone to human error. With the
advent of Artificial Intelligence, however, these processes are undergoing a significant transformation. AI
is streamlining legal workflows by enhancing efficiency, improving accuracy, and reducing costs, thereby
revolutionizing how legal services are delivered.
 Application of AI in Legal Drafting

One of the most impactful applications of Artificial Intelligence in the legal domain is document
automation. AI-powered software platforms such as Contract Express, Luminance, and Legito are
revolutionizing how lawyers and legal professionals approach the drafting of documents. These tools
utilize advanced technologies including natural language processing (NLP), machine learning, and
template-based logic systems to automate the creation of standard legal documents with minimal
human intervention.
Traditionally, drafting legal documents—such as contracts, non-disclosure agreements, wills, and
service agreements—has been a time-consuming process, requiring deep domain expertise and
meticulous attention to legal language and structure. AI-enabled document automation significantly
reduces this burden by enabling users to generate customized documents through intelligent
templates. These templates are programmed to respond to specific inputs, such as the nature of the
agreement, the names of parties involved, key terms, and applicable jurisdictions.
For example, in the case of Contract Express, widely used by global law firms and in-house legal
teams, users can answer a series of guided questions, and the software then auto-generates a
complete, legally sound document tailored to their needs. Luminance goes a step further by using
machine learning to review, analyze, and suggest improvements to documents, ensuring not only
faster drafting but also enhanced accuracy and risk assessment.
In India, the adoption of such tools is still in its nascent stage but is gaining momentum, particularly
among progressive law firms and legal tech startups. With increasing digitization and a growing
focus on efficiency, Indian legal professionals are beginning to recognize the value of AI in
minimizing repetitive work and improving client service delivery. Moreover, document automation
holds immense potential in public legal services and real estate transactions, where standardized
agreements and deeds are frequently used.
Ultimately, AI-powered document automation not only saves time and reduces costs but also helps
ensure consistency, compliance, and quality—marking a fundamental shift in how legal drafting is
approached in the 21st century.

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Advanced Applications of Artificial Intelligence in Legal Drafting
Artificial Intelligence is steadily redefining the legal drafting process in India, moving it from a purely
manual and intuitive exercise to one that is technology-enhanced, data-driven, and automated. Several key
technologies, most notably Natural Language Processing (NLP), legal research integration, consistency
analysis, and predictive modeling, have begun playing crucial roles in improving the quality, efficiency,
and reliability of legal drafting.
Natural Language Processing (NLP)
Natural Language Processing, a branch of AI focused on enabling computers to understand and generate
human language, has found powerful applications in legal drafting. Through NLP, AI tools can interpret
complex legal language, identify and extract relevant clauses, and even suggest modifications based on legal
standards or prior usage. For example, if a clause is missing from a contract, NLP-driven software can
recommend its inclusion based on standard legal templates or regulatory requirements. It can also detect
ambiguous or risky language, offering alternative phrasing to mitigate legal uncertainty. This dramatically
reduces the cognitive load on legal professionals while enhancing the comprehensiveness and
professionalism of legal documents.
Legal Research Integration
Another transformative feature offered by AI tools is real-time legal research integration. As a user drafts a
document, AI engines can simultaneously analyze and suggest relevant statutory provisions, judicial
precedents, or commonly used clauses from similar documents. This dynamic referencing ensures that the
drafted content is not only tailored to the client's needs but also grounded in current legal standards. Tools
like ROSS Intelligence and LexisNexis AI modules have pioneered this space in international markets, and
Indian legal tech startups are gradually developing parallel capabilities. This integration eliminates the need
for time-consuming manual research and improves the substantive quality of legal drafts.
Ensuring Consistency and Accuracy
A common challenge in lengthy legal documents is maintaining internal consistency—ensuring that defined
terms are used correctly, clauses are uniformly structured, and no conflicting provisions exist. AI tools can
automatically cross-reference terms and provisions throughout a document, ensuring uniformity and
eliminating redundancy or contradiction. Moreover, AI systems can harmonize documents across multiple
agreements, which is particularly beneficial in corporate transactions involving numerous interlinked
contracts. This leads to higher-quality outputs, especially in high-stakes legal scenarios where even minor
inconsistencies can result in litigation or compliance issues.
Predictive Analysis
One of the most innovative contributions of AI to legal drafting is predictive analytics. By examining a
database of past contracts, litigation outcomes, and court judgments, AI models can anticipate potential
legal challenges and suggest preventive drafting measures. For example, if a particular clause in a previous
contract led to a dispute, the AI tool can flag this clause as high-risk and propose an alternative that has had
more favorable legal outcomes. This proactive approach elevates legal drafting from a reactive service to a
strategic, risk-mitigating function, providing clients with documents that are not only legally sound but also
forward-looking.

AI in Conveyancing: Revolutionizing Property Transactions in India

Beyond drafting, AI is making significant inroads into conveyancing, the legal process related to the transfer
of property ownership. Traditionally, conveyancing in India has been mired in bureaucratic hurdles,
outdated record systems, and procedural inefficiencies. AI, when integrated with digital governance
initiatives, can expedite these processes and introduce greater transparency and trust.
Title Verification
Title verification is a crucial first step in property transactions, where the legal ownership of the property is
confirmed. In India, this often involves navigating multiple land record systems, legacy paper files, and
regional registries. AI tools, when integrated with digitized land records, can scan large volumes of data to

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verify titles, identify encumbrances, detect forged entries, and check compliance with land use
regulations—all within minutes. This process, which traditionally takes days or even weeks, becomes far
more efficient and accurate. As states in India push for digitization of land records through platforms like
DILRMP (Digital India Land Records Modernization Programme), the role of AI in title verification will
only grow.
Due Diligence
Conducting due diligence before a property transaction involves scrutinizing historical ownership,
encumbrance certificates, litigation status, and zoning permissions. AI tools such as Kira Systems and ROSS
can automate much of this analysis by scanning property documents and public databases to identify
discrepancies or red flags. This allows legal professionals to focus on high-level review and negotiation,
rather than being bogged down in document analysis. In a market as fragmented as India’s, where
documentation standards vary across states and municipalities, AI brings much-needed standardization and
reliability to due diligence practices.
Risk Assessment in Property Transactions
AI also aids in risk assessment by evaluating potential legal and financial risks involved in a transaction.
For instance, it can flag a property that has been the subject of repeated litigation, highlight discrepancies
in ownership records, or detect regulatory non-compliance related to land use or environmental norms.
These insights are invaluable for both lawyers and clients, as they help in making informed decisions and
avoiding post-transactional disputes. By predicting risks based on historical patterns, AI supports a
preventive approach to legal practice, ensuring higher confidence in conveyancing outcomes.
Automated Drafting of Conveyance Documents
AI-powered platforms can also automate the creation of conveyancing documents such as sale deeds, lease
agreements, gift deeds, and registration forms. Using templates customized to local laws and regulations,
these platforms can generate error-free, legally compliant documents quickly and efficiently. The
turnaround time, which previously depended on the workload and skill of the drafting lawyer, is greatly
reduced. Moreover, these systems ensure that all statutory requirements—like stamp duty clauses,
registration details, and jurisdictional notices—are appropriately incorporated.
E-Conveyancing and Digital Property Transfers
India’s gradual transition to digital governance has paved the way for e-conveyancing, where property
documents are drafted, signed, and registered online. AI plays a pivotal role in this ecosystem by enabling
digital document verification, automated e-signatures, and online workflow tracking. Platforms such as the
MahaRERA portal in Maharashtra and the Bhoomi portal in Karnataka are early examples of this transition.
AI augments these platforms by adding smart features like automated reminders, document cross-
verification, and intelligent workflows, making property transfers smoother, faster, and more secure.

Benefits of AI in Drafting and Conveyancing

Benefits of AI in Drafting and Conveyancing

The integration of Artificial Intelligence into legal drafting and conveyancing has introduced a wide
range of benefits that are reshaping the landscape of legal practice in India. These benefits extend
beyond mere efficiency, reaching into areas of quality assurance, accessibility, cost reduction, and
strategic decision-making.
1. Enhanced Efficiency and Speed
One of the most immediate and visible advantages of AI is the dramatic increase in the speed at
which legal documents can be prepared. What traditionally took hours or days—such as drafting a
sale deed or a commercial contract—can now be accomplished in minutes using AI-driven
automation tools. AI accelerates both the research and composition phases of drafting, allowing
legal professionals to meet tight deadlines and serve more clients within the same timeframe.
2. Improved Accuracy and Consistency
Legal drafting requires a high level of precision, and even minor errors can lead to significant legal

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consequences. AI tools help maintain accuracy by identifying inconsistencies, flagging missing
clauses, and ensuring that defined terms are used uniformly throughout the document. This is
particularly useful in multi-party or multi-document transactions, where consistency across files is
critical. In conveyancing, AI ensures that legal descriptions of properties, ownership details, and
regulatory clauses are accurately captured, thereby reducing the risk of litigation.
3. Cost Reduction for Clients and Firms
By automating repetitive and labor-intensive tasks, AI significantly reduces the time spent on
drafting and due diligence. This translates into lower legal costs for clients and improved
profitability for firms. Solo practitioners and smaller law firms, in particular, can leverage AI tools
to compete with larger firms by delivering faster, high-quality services without the need for large
teams.
4. Democratization of Legal Services
AI has the potential to make legal services more accessible to the general public, especially in a
country like India where a vast segment of the population remains underserved by the legal system.
AI-powered platforms can offer standardized documents, basic legal advice, and even automated
dispute resolution tools at a fraction of the traditional cost. This is particularly beneficial in property
transactions, where many buyers and sellers do not engage lawyers due to cost concerns, and instead
rely on brokers or informal documentation.
5. Better Risk Management
AI can analyze historical data, case law, and past disputes to predict risks associated with specific
clauses or transactions. In both drafting and conveyancing, this allows legal professionals to adopt
a more strategic and preventive approach. For instance, AI can highlight a lease clause that has
previously led to tenant disputes or flag a property with a history of ownership litigation, allowing
stakeholders to make informed decisions and avoid costly mistakes.
6. Seamless Integration with Digital Governance
With government initiatives pushing for digitization—such as e-courts, online registration of
property, and digital stamp duties—AI fits naturally into the evolving legal infrastructure of India.
In conveyancing, AI supports e-signatures, e-verification, and real-time submission of documents
to government portals, ensuring compliance and streamlining transactions from end to end.

Conclusion
The application of Artificial Intelligence in legal drafting and conveyancing marks a pivotal
evolution in the Indian legal system. While traditional methods are rooted in personal expertise and
manual processes, AI introduces a paradigm shift towards automation, precision, and data-driven
decision-making. By enhancing efficiency, improving accuracy, reducing costs, and expanding
access to legal services, AI holds the potential to democratize legal support and bring it within reach
of millions.
As with any technological advancement, the adoption of AI also comes with challenges—ethical
concerns, data privacy, the need for regulatory oversight, and the upskilling of legal professionals.
However, these challenges are not insurmountable. With thoughtful implementation, proper
safeguards, and continuous legal-tech integration, AI can coexist with human judgment to deliver
a hybrid model that blends technology with the nuanced understanding of experienced legal minds.
In conclusion, AI is not a replacement for lawyers but a powerful tool that enhances their capability
to serve clients more effectively. Embracing AI in legal drafting and conveyancing is not just a
matter of innovation—it is a necessary step toward building a more efficient, transparent, and
accessible legal ecosystem in India.

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 DRAFT PLEADINGS USING AI ASSISTED DRAFTING TOOLS

Introduction
The emergence of Artificial Intelligence (AI) in the legal domain has brought a profound transformation
to many aspects of legal practice, with one of the most significant changes occurring in the drafting of
pleadings. Historically, drafting pleadings has been a meticulous and time-consuming process that
demands precision, legal expertise, and a thorough understanding of procedural nuances. Legal
professionals have always relied on their skill, experience, and careful attention to detail to ensure that
pleadings are both legally sound and strategically effective.
However, with the rise of AI-assisted legal drafting tools, this landscape is shifting. These tools have
introduced a new paradigm where repetitive tasks can be automated, accuracy can be enhanced,
consistency can be maintained, and efficiency can be dramatically improved. Particularly in India, where
the legal system is burdened with case backlogs and procedural delays, AI presents an opportunity to
alleviate some of these challenges while also enhancing the quality and precision of legal documents.
This essay examines how AI-assisted legal drafting tools are transforming the preparation of pleadings
in India, exploring the benefits, challenges, and future implications of this technology within the Indian
legal ecosystem.
Understanding Pleadings in Legal Practice
In the Indian legal system, pleadings are the foundation of civil litigation. As per the Code of Civil
Procedure, 1908 (CPC), pleadings encompass a variety of formal written statements that are filed by the
parties involved in litigation. These include:
The plaint: Submitted by the plaintiff to initiate the suit.
Written statements: Filed by the defendant to respond to the plaint.
Counterclaims: Filed by the defendant against the plaintiff within the same proceedings.
Rejoinders: Filed by the plaintiff in response to the written statement.
Affidavits and applications: Used in support of or in opposition to various motions during the
proceedings.
Each of these documents serves a specific purpose in the judicial process and must be drafted with clarity,
legal accuracy, and procedural adherence. The drafting process involves interpreting the facts of the case,
identifying the legal issues, referencing relevant legal provisions, and constructing persuasive arguments.
The quality of the pleading plays a crucial role in influencing the outcome of the case, making the task
of drafting one of the most important aspects of legal practice.
What are AI-Assisted Legal Drafting Tools?
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AI-assisted legal drafting tools are cutting-edge technologies that leverage Natural Language
Processing (NLP), Machine Learning (ML), and Data Analytics to support legal professionals in
creating and improving legal documents. These tools typically assist in:
Generating first drafts of legal documents.
Suggesting legally appropriate phrases, clause templates, and legal language.
Identifying potential legal issues, ambiguities, or inconsistencies in the draft.
Providing relevant case law or statutory references based on the subject matter of the case.
Offering grammatical and stylistic suggestions tailored to the norms of legal writing.
Notable examples of AI-assisted drafting tools include international platforms such as ROSS
Intelligence, Legal Robot, Casetext, and Microsoft Copilot (legal edition), as well as Indian platforms
like SCC Online's AI tool and Manupatra’s AI engine. These tools have already made a significant
impact by improving the speed, accuracy, and efficiency of legal document preparation.
The Role of AI in Drafting Pleadings
AI tools assist in the drafting process in multiple ways, making it easier for legal professionals to prepare
pleadings that meet the required standards:
Automated Drafting
AI tools often begin the drafting process with a guided questionnaire that collects essential details from
the user. Information such as the parties involved, the nature of the dispute, the jurisdiction, and the relief
sought is gathered through a series of user inputs. Using this information, the AI system generates a
preliminary draft that complies with standard formats and legal terminology, making the process faster
and more consistent.
Legal Language Suggestions
Legal writing requires the use of specific terminology and precise language to ensure clarity and avoid
ambiguity. AI tools are capable of suggesting the most appropriate legal phrases and terms, replacing
vague or informal language with precise legal jargon. This feature is particularly useful for junior lawyers,
law students, and other legal professionals who are still mastering the nuances of legal writing.
Case Law and Statutory Integration
AI tools are typically integrated with major legal databases, such as Manupatra, SCC Online, Westlaw,
or LexisNexis, which enable them to automatically suggest relevant case laws, statutory provisions, and
precedent clauses related to the specific pleading being drafted. This integration significantly reduces the
time spent on legal research and ensures that the draft is legally robust.
Error Detection and Compliance Checks
AI systems can also identify errors, such as inconsistent references, incorrect citations, or missing
information. Additionally, these tools can verify that the document complies with the required formatting
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standards and procedural rules for specific courts, reducing the likelihood of the document being rejected
due to technical errors.
Personalization Based on Jurisdiction
The Indian legal system consists of various levels of courts, each with its own requirements for pleadings.
AI platforms often incorporate jurisdiction-specific templates that adjust the formatting and legal
references based on the court where the pleading will be filed. For example, the requirements for a High
Court pleading might differ from those of a District Court, and AI tools can make these adjustments
automatically.
Benefits of AI in Legal Drafting
Efficiency and Time-Saving
The most obvious advantage of AI in legal drafting is its ability to significantly reduce the time spent on
drafting pleadings. What might traditionally take hours or even days to prepare manually can now be
accomplished in minutes, especially for routine or template-based documents.
Cost-Effectiveness
By reducing the time spent on manual drafting and legal research, AI tools lower the operational costs
associated with document preparation. This reduction in cost can make legal services more affordable
and accessible, particularly in high-volume practices or for clients in need of cost-effective legal
solutions.
Standardization and Consistency
AI ensures that documents maintain a consistent style, tone, and format. This standardization helps
maintain professionalism and enhances the overall quality of legal documents. Consistency in drafting
also helps ensure that legal terms and references are correctly used throughout the pleading.
Reduction of Human Error
Legal drafting is a task prone to human error. Typographical mistakes, incorrect citations, or missing
sections can all be avoided with AI review systems that flag inconsistencies and errors. This ensures that
the document is legally accurate and free from common drafting mistakes.
Support for Junior Lawyers and Law Students
AI tools provide valuable support for young lawyers by offering suggestions and explanations for legal
terms, structures, and strategies. This reduces their dependency on senior lawyers for guidance and
accelerates their learning curve.
Challenges in AI-Assisted Pleading Drafting
While AI offers significant advantages, there are several challenges and limitations to its use in legal
drafting:
Accuracy and Contextual Understanding
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AI tools, while powerful, often struggle with contextual understanding. They may misinterpret
ambiguous language or fail to grasp the strategic intent behind certain legal arguments. For complex legal
matters, AI-generated drafts may require extensive human intervention to ensure that the content aligns
with the overall legal strategy.
Overdependence on Technology
Excessive reliance on AI tools may undermine the development of critical thinking and independent
drafting skills among new legal professionals. While AI can aid in routine tasks, legal reasoning, strategic
decision-making, and argument construction remain essential skills that cannot be replaced by
technology.
Data Privacy and Confidentiality
The use of AI tools often requires uploading sensitive client data onto cloud-based platforms. This raises
concerns about data security and client confidentiality, especially when dealing with private or sensitive
information. Legal professionals must ensure that the AI platforms they use comply with data protection
laws and have robust security measures in place.
Limited Customization in Complex Matters
AI tools are generally better suited for routine or standardized legal tasks. In cases involving complex
litigation or novel legal issues, AI-generated drafts may be too generic or incomplete. These documents
often require significant human customization to ensure their relevance and accuracy.
Language and Regional Barriers
India's legal system operates in multiple languages, with many courts requiring documents in regional
languages or dual-language formats. Most AI drafting tools are currently optimized for English, which
poses a challenge for legal professionals working in regional courts or with vernacular documentation.
AI-Assisted Drafting in the Indian Legal Ecosystem
India has seen gradual adoption of AI in the legal sector, with legal tech companies and law firms
experimenting with AI-based solutions for various aspects of legal practice. Examples of platforms that
assist in legal drafting and case management include:
CaseMine: Specializes in AI-based legal research and document referencing.
NearLaw: Provides tools for automated legal notice generation.
MikeLegal: Focuses on AI-driven intellectual property management.
Manupatra Smart Tools: Offers document drafting assistance, auto-citation, and legal updates.
Additionally, courts in India are beginning to explore AI for tasks such as translation, cause-list
management, and e-filing, signaling the early stages of broader AI integration into legal processes.
Examples of AI-Assisted Drafting Tools in Action
Standard Civil Plaint Drafting
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By inputting basic information about the parties, claim, and relief sought, AI tools can generate a civil
plaint within seconds, formatted according to the required legal standards and ready for review.
Consumer Complaint Drafting
AI tools can automate the preparation of consumer complaints by gathering details about the purchase,
defect, correspondence with the seller, and relief sought, generating a compliant draft in accordance with
the Consumer Protection Act, 2019.
Legal and Ethical Considerations
The use of AI in legal drafting raises several ethical and legal concerns:
Accountability: Who is responsible for errors in AI-generated documents? Is it the lawyer or the software
developer?
Bias in Algorithms: AI tools trained on biased datasets could produce flawed drafts, particularly in cases
involving marginalized groups or sensitive matters.
Regulatory Framework: India currently lacks a comprehensive legal framework governing the use of
AI in legal practice. The proposed Digital India Act is expected to address some of these issues.
Future Outlook
The future of AI in legal drafting is promising, with advancements expected in areas such as:
Multilingual capabilities for drafting in regional languages.
Voice-to-text drafting tools powered by AI dictation.
Real-time collaboration between lawyers and clients on AI-generated drafts.
Seamless integration with court e-filing systems for automated document submission.
Conclusion
AI-assisted legal drafting tools are poised to revolutionize legal practice in India by enhancing the speed,
accuracy, and efficiency of drafting pleadings. While these tools offer significant benefits in terms of
productivity and cost-effectiveness, they also raise challenges related to contextual understanding,
ethical responsibility, and data security. The future of legal drafting lies in the balance between
technological innovation and human legal expertise, where AI serves as a powerful tool to assist, not
replace, human judgment. As India’s legal ecosystem adapts to these advancements, AI has the potential
to improve access to justice, reduce case backlogs, and elevate the overall quality of legal services.

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 PREPARE CASE STUDIES ON AI APPLICATION IN LAW
CASE STUDIES ON AI APPLICATIONS IN INDIAN LAW: REAL-
WORLD EXAMPLES

Introduction

Artificial Intelligence (AI) is revolutionizing various industries, and the legal sector is no
exception. In India, the convergence of AI and law has gained momentum in recent years as
courts, law firms, and legal tech companies adopt AI-driven solutions to improve efficiency,
accuracy, and access to justice. The following case studies showcase real-life implementations
of AI in the Indian legal ecosystem, highlighting its transformative impact on legal research,
judicial processes, rights protection, and more.

Case Study 1: SUPACE – Supreme Court's AI Tool for Judicial Assistance

Background

In April 2021, the Supreme Court of India launched SUPACE (Supreme Court Portal for
Assistance in Court Efficiency), an AI-driven platform designed to assist judges in research
and case preparation.

Application

SUPACE helps judges analyze case files, summarize facts, extract precedents, and suggest
relevant laws. It was initially deployed in the Court's criminal bench and later extended to other
areas.

Impact

 Reduced the time required for manual case law review.

 Provided context-based, case-specific suggestions, improving decision-making
efficiency.
 Supported lower courts and junior judges in complex legal matters.

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Limitations

SUPACE was designed only for assistance and does not make judicial decisions.
It raised concerns about over-reliance and bias in algorithmic outputs.

Significance

SUPACE is one of the first examples of institutional AI implementation in Indian courts,

marking a shift toward technologically empowered justice.

Case Study 2: ChatGPT Referenced in Bail Hearing – Punjab & Haryana High
Court

Background

In March 2023, the Punjab and Haryana High Court used OpenAI’s ChatGPT to gather a
broader view of global bail jurisprudence.

Case: Suo Motu Bail Matter

Justice Anoop Chitkara used ChatGPT to analyze whether a person accused of a violent
crime deserved bail under certain circumstances.

Application

The judge clarified that ChatGPT's input was not decisive but served as a supplementary research
tool. It was used to understand the general global stance on granting bail in heinous crimes.

Impact

 Highlighted the potential use of AI for legal research and opinion formation.
 Brought AI into the mainstream courtroom discussion in India.
 Sparked national debate on ethical use of AI in judiciary.

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Case Study 3: Live AI Transcription of Proceedings – Supreme Court of India

Background

In February 2023, the Supreme Court of India initiated live transcription of constitutional
bench proceedings using AI tools.

Application

An AI-based transcription software was used to create real-time records of court hearings,
beginning with the Shiv Sena political case.

Impact

 Improved transparency and record-keeping.

 Benefited lawyers, researchers, and litigants by making proceedings more accessible.
 Helped hearing-impaired individuals understand courtroom discussions.

Case Study 4: Anil Kapoor v. AI-Generated Misuse of Likeness

Background

In 2023, Bollywood actor Anil Kapoor filed a suit in the Delhi High Court against AI-
generated content that misused his image, voice, and gestures for memes and advertisements.

Application

Kapoor sought protection of his personality rights from AI-generated impersonation and
deepfakes.

Court Ruling

The Delhi High Court issued a restraining order against the unauthorized use of Kapoor’s
likeness, emphasizing protection under Article 21 (Right to Privacy).

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Impact

 Set precedent on safeguarding personality rights in the AI age.

 Raised public awareness about AI misuse.
 Encouraged lawmakers to rethink IP and privacy laws in light of AI.

Case Study 5: Use of AI Tools in Legal Research (SCC Online & Manupatra)

Background

Legal databases like SCC Online and Manupatra have embedded AI functionalities to
streamline research.

Application

 AI-based search engines suggest relevant cases, sections, and summaries.

 Features like predictive typing, automated citation analysis, and legal trend
graphs are enabled by AI.

Impact

 Reduced time spent on manual legal research.

 Improved accuracy in identifying precedents and statutory interpretations.
 Widely adopted by Indian law firms, judicial officers, and academicians.

Case Study 6: Manipur High Court's Use of ChatGPT for Research

Background

In 2023, a bench of the Manipur High Court noted that it used Google and ChatGPT 3.5 for
background research on a complex legal matter.

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Application

AI tools were consulted for comparative legal frameworks and for understanding socio-legal
perspectives not readily available through traditional legal databases.

Impact

 Acknowledged informal AI use in judicial reasoning.

 Reflected growing confidence in generative AI tools for legal insights.
 Signaled need for regulated AI integration in judicial research.

Case Study 7: AI in Contract Review – LegalTech Startups (India)

Background

Startups like SpotDraft, MikeLegal, and LawSikho offer AI-based contract review
platforms tailored for Indian legal systems.

Application

 AI parses contracts to identify risky clauses, missing information, or deviations

from standard templates.
 Generates alerts on compliance issues and automates suggestions.

Impact

 Reduced legal costs for SMEs and startups.

 Improved risk management in corporate transactions.
 Standardized legal document quality across industries.

Challenges in AI Adoption in Indian Law

Lack of Legal Framework: No comprehensive policy exists to regulate AI usage in

legal practice.
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 Bias & Transparency: Algorithms trained on biased data can reinforce inequality in
legal outcomes.
Data Privacy: AI tools often require large volumes of sensitive legal data, raising
confidentiality concerns.
Digital Divide: Many lawyers and courts, especially in rural areas, lack digital literacy or
infrastructure.

Opportunities Ahead

AI Legislation: India’s proposed Digital India Act and the DPDP Act 2023 will pave the
way for ethical AI deployment.
Judicial Reforms: AI can support judicial appointments, case scheduling, and court
administration.
Legal Education: Integration of AI into law school curricula is preparing the next
generation of tech-savvy legal professionals.
Conclusion

AI is reshaping the Indian legal system by making processes faster, smarter, and more
accessible. From courtrooms to corporate offices, AI's role in Indian law is rapidly evolving.
As the technology matures, it will be crucial to strike a balance between innovation, ethics, and
justice to ensure AI serves as a tool for empowerment—not exploitation.

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 ANALYSIS OF ETHICAL AND LEGAL IMPLICATIONS OF AI IN
LEGAL PRACTICE

Introduction

Artificial Intelligence (AI) is no longer just a futuristic concept—it has become a present-day
reality that is reshaping industries, including the traditionally conservative domain of legal
practice. From automating routine tasks like legal research and document drafting to assisting
in predictive analytics for case outcomes, AI has brought significant efficiencies. However, this
transformation also raises complex ethical and legal concerns. As AI tools become more
prevalent in Indian and global legal systems, it becomes imperative to examine the implications
of such technologies in the context of ethics, privacy, bias, accountability, and the rule of law.

Role of AI in Legal Practice

AI is being integrated across various aspects of legal work. Common applications include:

Document review: AI tools like natural language processing (NLP) algorithms scan
thousands of legal documents for relevant content.
Contract analysis and management: Startups like SpotDraft and MikeLegal use AI to
detect risk clauses and suggest edits.
Legal research: Platforms like SCC Online and Manupatra employ AI to offer advanced
case law suggestions.
Predictive analytics: AI predicts case outcomes based on historical data.
Judicial assistance: The Supreme Court of India’s SUPACE system helps judges sift
through voluminous files.

While these applications increase efficiency, they also raise serious questions about ethics and
legality.

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Ethical Implications of AI in Legal Practice

 Algorithmic Bias

AI systems learn from data. If that data contains historical biases—be it in judicial decisions or
social structures—the AI will likely perpetuate or even amplify them. For example, if a
predictive algorithm is trained on bail outcomes where marginalized communities were
disproportionately denied bail, the AI might recommend similarly biased decisions.

Case in Point: The COMPAS algorithm used in the US for predicting recidivism was found to
be racially biased. Though not used in India, similar models, if adopted here, may raise
equivalent concerns.

 Transparency and Explainability

One of the core ethical challenges is the “black box” nature of AI. Lawyers and clients alike
may not understand how an AI system arrived at a recommendation.

Why it matters: Legal decisions impact lives. A lawyer must be able to explain their rationale.
If AI tools influence case strategies or outcomes, transparency becomes crucial for maintaining
professional integrity.

 Client Confidentiality

The legal profession is bound by strict codes of confidentiality. AI systems often require cloud
storage, real-time data processing, or access to sensitive documents.

Risk: If the AI tool or its backend infrastructure is compromised, clients’ sensitive data might
be exposed, breaching trust and professional codes.

 Erosion of Human Judgment

Ethically, there is concern that over-reliance on AI might erode the nuanced human judgment
required in law. Legal practice involves empathy, discretion, and interpretation—qualities not
easily replicable by AI.

Example: In family law or criminal defense, emotional intelligence and contextual awareness
often matter more than precedent.
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  Access and Inequality
While AI has the potential to make legal services cheaper and more accessible, those with
access to better tools (corporate firms or wealthier clients) may gain an unfair advantage,
exacerbating inequality in legal representation.

Legal Implications of AI in Legal Practice

 Liability and Accountability

Who is responsible if an AI-powered tool gives incorrect advice that results in legal loss?

Current Status: Indian laws do not yet define legal liability for AI tools.

Implication: Lawyers or firms using AI could still be held liable for malpractice, even if the
error was due to software.

 Intellectual Property Rights

AI-generated contracts, pleadings, or even legal advice raise questions about ownership. Who
owns AI-generated work? Can it be copyrighted?

Legal Debate: Under Indian copyright law, authorship is granted to a human creator. AI
outputs currently fall into a gray area.

 Privacy and Data Protection

AI requires massive data inputs—often involving private, sensitive information. With the
enforcement of the Digital Personal Data Protection (DPDP) Act, 2023, the legal fraternity
must ensure compliance.

1. Mandates: AI tools collecting client data must now seek explicit consent and ensure
secure processing.
2. Breach Consequences: Failure to comply can lead to heavy penalties and reputational
damage.

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 Legal Personhood of AI
Globally, there is discussion about whether AI tools should be granted some form of legal
personality to address liability. This idea, however, is controversial and largely undeveloped in
Indian jurisprudence.

 Evidence and Admissibility

AI tools are increasingly being used to analyze digital evidence and assist in forensics.

Legal Challenge: Courts must determine the admissibility and reliability of AI-generated
evidence. Indian Evidence Act, 1872 has not yet been updated to accommodate such scenarios.
Judicial Stance on AI in India

India’s judiciary has cautiously embraced AI, largely for administrative efficiency rather than
adjudication.

 SUPACE (Supreme Court Portal for Assistance in Court Efficiency)

Deployed in 2021 to assist judges with document analysis, SUPACE explicitly avoids making
judicial decisions.

CJI Bobde stated: “SUPACE will not take decisions but only present facts and assist
judges.”

 ChatGPT Mentioned in Judicial Hearing (2023)

The Punjab and Haryana High Court made headlines when it referenced ChatGPT during a bail
hearing. Though used only as a research aid, the event underscored judicial curiosity about AI’s
potential.

 Delhi High Court on Deepfakes and Right to Privacy

In the Anil Kapoor v. AI-generated misuse case, the Delhi High Court upheld privacy and
personality rights in the context of AI-generated deepfakes, marking the judiciary’s growing
awareness of AI challenges.

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 Regulatory Developments and Need for AI Law

As of now, India lacks a dedicated AI law. However, several regulatory frameworks

indirectly influence the AI-legal intersection:

IT Act, 2000: Covers cybersecurity but does not address AI-specific liabilities.
DPDP Act, 2023: Regulates personal data handling, indirectly affecting AI tools used in
law.
Bar Council of India Rules: Impose ethical obligations on lawyers which extend to tech
usage.

The Way Forward

India needs:

 Clear legislation on AI accountability.

 Ethical guidelines by the Bar Council on AI usage.
 Certification standards for legal tech products.

Global Practices and What India Can Learn

 EU's AI Act (2024)

The European Union has passed the AI Act, classifying legal AI tools as “high-risk”
applications requiring strict transparency and oversight.

 ABA’s Guidelines on AI and Law

The American Bar Association has issued ethical guidelines for using AI in legal practice,
emphasizing:

Responsibility
Competence
Confidentiality

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India can adopt similar codes to balance innovation with professional ethics.

Conclusion

AI’s integration into the legal profession in India is both inevitable and transformative. While it
promises efficiency and cost savings, the ethical and legal ramifications cannot be ignored. As AI
systems become more involved in research, contract analysis, and even influencing case outcomes,
questions about fairness, bias, accountability, and client confidentiality must be addressed urgently.

To protect the integrity of legal practice, stakeholders—including lawmakers, bar councils, legal
tech companies, and the judiciary—must collaborate to develop ethical standards and legal
regulations. Only then can India truly embrace AI in law without compromising justice, equity, or
constitutional values.

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BIBLIOGRAPHY

BOOKS:

 CODE OF CIVIL PROCEDURE, 1908

 D’SOUZA FORMS AND PRECEDENTS OF CONVEYANCING
 DRAFTING, PLEADING AND CONVEYANCING, DR. MEDHA KOLHATKAR
 PLEADINGS, DRAFTING & CONVEYANCING, R.N. CHATURVEDI
 CODE OF CRIMINAL PROCEDURE, 1973
 HINDU MARRIAGE ACT (1955)
 NEGOTIABLE INSTRUMENTS ACT (1881)
 TRANSFER OF PROPERTY ACT, 1882
 REGISTRATION ACT, 1908
 POWER OF ATTORNEY ACT, 1882
 INDIAN TRUSTS ACT, 1882