0% found this document useful (0 votes)
92 views21 pages

14th KIMCC Brochure 2022

The document summarizes a moot court competition problem regarding a dispute between two individuals (Mr. V and Mr. A) and NIVA Bank in the Union of Indiana. [Mr. V and Mr. A applied for a loan from NIVA Bank to purchase a commercial property, but the property deal fell through before disbursement. However, the bank deducted four EMIs from their account. When Mr. V and Mr. A disputed this, the bank refused to refund the amount. As a result, Mr. V and Mr. A have filed a writ petition in the High Court of Dakshinayan, challenging the bank's actions.]

Uploaded by

Srinibash Dash
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
92 views21 pages

14th KIMCC Brochure 2022

The document summarizes a moot court competition problem regarding a dispute between two individuals (Mr. V and Mr. A) and NIVA Bank in the Union of Indiana. [Mr. V and Mr. A applied for a loan from NIVA Bank to purchase a commercial property, but the property deal fell through before disbursement. However, the bank deducted four EMIs from their account. When Mr. V and Mr. A disputed this, the bank refused to refund the amount. As a result, Mr. V and Mr. A have filed a writ petition in the High Court of Dakshinayan, challenging the bank's actions.]

Uploaded by

Srinibash Dash
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 21

14TH KIIT INTRA MOOT COURT COMPETITION

(KIMCC), 2022

Organised by:-

KIIT Law School Moot Court Society

School of Law, KIIT Deemed to be University.

KIMCC BROCHURE
MOOT PROPOSITION
MOOT PROBLEM FOR 14TH KIIT INTRA MOOT COURT COMPETITION, 2022.

1. The Union of Indiana is located in the South Asian Region of Asia. It is a democratic country
with a written Constitution and having 30 States including Dakshinayan and 6 Union
Territories.

2. In or about August, 2020, Mr. V & Mr. A, residents of the state of Dakshinayan, had
approached NIVA Bank for the purpose of availing credit facilities for purchasing a
commercial property.

3. The Bank was incorporated in 1965 with the principal objective was to create a development

financial institution for providing medium term and long-term project financing to Indianan

businesses. With the liberalization of the financial sector in Indiana in the 1990s, the Bank

transformed its business from a development financial institution offering only project finance

to a diversified financial services provider that offered a wide variety of products and services.

In July 2014, the Federal Bank of Indiana had issued a framework for dealing with Domestic

Systemically Important Banks (D-SIBs). The reasons for classification of some private Banks

as D-SIBs are that those banks that are “Too Big To Fail” (TBTF) by reasons of its size, gross

jurisdictional activities, complexity, lack of substitutability and inter connectedness such banks

have been classified as D-SIBs. The FBI in its notification has stated “that disorderly failure of

these banks has the potential to cause significant disruption to the essential services that they

provide to the banking system and, in turn, to the overall economic activity. Therefore, the

continued functioning of Domestic Systemically Important Banks (D-SIBs) is critical for the

uninterrupted availability of the essential banking services to the real economy”. NIVA Bank

was one of the private banks to be classified as a D-SIB and deemed TBTF by the Federal

Bank of Indiana.
4. Pursuant to the above and as instructed by the Bank, Mr. V and Mr. A submitted an application

bearing No. 27032021 for an amount of Rs. 1,03,00,000/- (Rupees One Crore Three Lacs

only).

5. Such application was duly accepted by the Bank and in respect thereof the Bank had issued a

sanction letter dated August 02, 2020. In terms of the said sanction letter, against disbursal of

an amount of Rs. 1,03,00,000/- (Rupees One Crore Three Lacs only), Mr. V and Mr. A were

required to make repayment of the said loan amount along with interest accrued thereon in 180

Equated Monthly Installments. A copy of the sanction letter morefully laying down the terms

for the facility availed by Mr. V and Mr. A, as proposed by the bank is annexed herewith as

Annexure A.

6. Although, the formalities with regard to the aforesaid credit facility had been completed,

however, the deal with the Vendor of the property for purchase of which the loan was being

taken, did not materialize and as such, Mr. V and Mr. A chose not to avail the credit facilities

as offered in terms of the sanction letter dated August 2, 2020. The withdrawal of its

application was communicated to the bank and no steps were taken in terms of the sanction

letter dated August 2, 2020 by either parties since. The bank had told the petitioner that certain

sum on account of processing fees would be charged to the petitioner in view of the due

diligence conducted by the bank and charges incurred for issuance of the sanction letter.

7. In view of the above, it is clarified that there was no disbursement of fund from the Bank to

Mr. V and Mr. A either for the sanctioned sum of Rs. 1,03,00,000/- (Rupees One Crore Three

Lacs only) or of any part or portion thereof and there was no contract entered into between the

parties.
8. While the situation stood thus, on or about August 2020, Mr. V and Mr. A were shocked to

notice that the Bank, in addition to charging the processing fees, proceeded to further deduct

four instalments on account of repayment of the said facilities in respect of Loan Account No.

CL27032021, particulars whereof are as follows:-

Loan Application No. Installment paid on Amount (in Rupees)

27032021 (Pre EMI) 10-08-2020 28,612

27032021 (EMI) 10-09-2020 1,10,684

27032021 (EMI) 10-10-2020 1,10,684

27032021 (EMI) 12-11-2020 1.10,684

27032021 (EMI) 10-12-2020 1,10,684

27032021 (Refund) 31-12-2020 (1,09,348)

Net Receivable 3,62,000/

9. The Bank had first deducted an amount of Rs. 4,71,348/- (Rupees Four Lakhs Seventy One

Thousand Three Hundred Forty Eight Only) as EMIs and later refunded Rs. 1,09,348/- (Rupees

One Lakh Nine Thousand Three Hundred Forty Eight Only).

10. It would appear from the aforesaid that the Bank has thus appropriated the said sum

of Rs.3,62,000/- (Rupees Three Lakhs Sixty Two Thousand Only) from Mr. V and Mr. A,

notwithstanding the fact that no loan was ever disbursed by the Bank either to Mr. V and Mr. A

or the proposed vendor.


11. In view of such arbitrary and illegal deduction of purported EMIs by the Bank, Mr. V and Mr.

A immediately issued an e-mail dated February 26, 2021, thereby disputing and/or protesting

against the deduction of a total amount of Rs. 3,62,000/- (Rupees Three Lakhs Sixty Two

Thousand Only) in respect of Loan Account Nos. CL27032021. Having no other alternative,

Mr. V and Mr. A demanded refund of the total deducted amount of Rs. 3,62,000/- (Rupees

Three Lakhs Sixty Two Thousand Only) immediately.

12. In as much as the Bank had failed and/or neglected in replying to the aforesaid e-mail or to act

in terms thereof, Mr. V and Mr. A issued various other correspondence on the subject but to no

avail.

13. Ultimately, the Bank issued an e-mail on July 15, 2021, wherein the Bank had admitted in

unequivocal terms that the aforesaid amount had been deducted in respect of the Loan facility

of Mr. V and Mr. A which had never come into existence inasmuch as the cheques were ready

for disbursement. The bank wrote to Mr. V and Mr. A that “cheque preparation was made and

was supposed to be released on the transaction/property registration dates subject to fulfillment

of other disbursement conditions. However, the cheque did not get released and was finally

cancelled on 24.12.2020.” Despite acknowledging the fact that no amount was in fact

disbursed to Mr. V and Mr. A, the bank denied refunding the deducted amount.

14. The aforesaid communication dated July 15, 2021 was the last communication made by the

Bank and in spite of continuous follow ups thereafter by Mr. V and Mr. A, the Bank has till

date failed to refund the amount which had been illegally deducted.

15. Mr. V and Mr. A made several representations before the Federal Bank of Indiana as well for

consideration of their grievances, but to no avail.


16. Being aggrieved by and dissatisfied with the arbitrary and/or capricious and/or illegal action of

the Bank in deducting an amount of Rs. 3,62,000/- in respect of Equated Monthly Installments

and in view of the inaction in respect of the representations and consequent failure to refund

the amount, your Petitioners have moved a writ petition before the High Court of Dakshinayan

challenging the arbitrariness and high handedness on part of the bank.

17. The matter is listed on 13th August & 14th August before the Hon’ble High Court of

Dakshinayan for hearing on maintainability and entertainability of the writ petition under

Article 226 of the Constitution of Indiana as against a private bank.

NOTE: The laws of Union of Indiana are pari materia with the laws of India and the Federal

Bank of Indiana releases the same guidelines/master circulars as the Reserve Bank of India.

Disclaimer: Any names, places and incidents mentioned in this moot problem are entirely fictional

and any resemblance is purely co-incidental. This problem is drafted for the Intra Moot Court

Competition to be held at the School of Law, KIIT University.


ANNEXURE A

August 02, 2020

To,

Mr. V … Applicant no. 1

Mr. A … Applicant no. 2

Sub : Offer letter for Facility vide Application No. 27032021

Dear Sirs,

Thank you for choosing NIVA Bank. We are pleased to inform you that with reference to the above
application, we have in-principle sanctioned you a facility, the details of which are given below.

Type of Facility Non Residential property-


Floating Rate of Interest
Facility Amount sanctioned Rs. 1,03,00,000/-
Term of Facility 180 months(15 years)
Benchmark rate for the Facility I-MCLR-1Y
“I-MCLR” means the
percentage rate per annum
decided by NIVA Bank and
announced/ notifie by NIVA
Bank for time as its marginal
Cost of Funds Based Lending
Rate (“MCLR”) in terms of the
guidelines of the Federal Bank
Of Indiana. NIVA Bank
publishes I-MCLR for five
tenures namely overnight ,
one- month , three month, six
month an one- year.
I-MCLR-IY” Shall mean one
year I-MCLR benchmark rate.

Applicable interest Rate The adjustable interest Rate


applicable to the Facility shall
be the sum of I-MCLR-1Y
prevailing on the date of option
for I-MCLR-1Y or Reset Date
and Spread per annum, plus
applicable interest tax or other
statutory levy, if any.
As of date, the I-MCLR-1Y =
8.40% per annum and spread
1.60%. Therefore, the
applicable Adjustable interest
Rate for the Facility is 10.00%
plus applicable interest tax
and/or other statutory levy if
any.
Reset Date and Reset period The applicable interest rate,
shall be reset, annually, on or
before the end of (1) year from
the date of the first
disbursement of the Facility, as
a sum of I-MCLR-1Y,
prevailing on the reset date,
plus spread and applicable
interest tax or other statutory
levy, if any.
Number of Equated Monthly Installments (EMIs) 180 months
Amount of each EMI (on Monthly rest) Rs. 1,10,685/-
Administrative Charges (non- refundable) Rs. 5,900/-
Rs.5,000/- TOWARDS
Administrative Charges, Rs.
450/- is towards CGST and Rs.
450 is towards SGST and any
other tax/lev applicable as per
law.
The Administrative Charges
are a one-time non-refundable
charges collected by NIVA
Bank for the purpose of
appraising the valuation and
the legal verification of
property to ascertain suitability
of accepting the property for
Administrative charges are
payable at the time of
disbursement of the Facility.
Processing Fees(non- refundable) Rs. 91,155/- (Rupees Ninety-
one Thousand One Hundred
Fifty five only)
Rs. 77,250/- towards
processing fees, Rs. 6,952.50/-
is towards CGST and Rs.
6,952.50/- is towards SGST
OR Rs. NIL/- I towards IGST
and any other tax/levy
applicable as per law.
The processing fee is one- time
non- refundable fee, and is
collected by NIVA Bank for
the purpose of appraising the
Application for the Facility and
the same is independent of the
outcome/ result of such
appraisal.
CIBIL Report charges Rs. 118/- (Rupees One
Hundred Eighteen only)
Rs. 100 (Rupees One Hundred
only) towards cibil charges Rs.
9- is towards CGST and Rs. 9/-
is towards SGST and other
tax/levy applicable as per law.
Non- refundable charges under central Registry of Securitization Rs. 118/- (Rupees One
Asset Reconstruction and security interest of Indiana (CERSAI) Hundred Eighteen only)
Rs. 100 (Rupees One Hundred
only) towards cersai charges
Rs. 9- is towards CGST and
Rs. 9/- is towards SGST and
other tax/levy applicable as per
law.
Security As may be specified by NIVA
Bank, from the time to time at
its sole discretion.
FEES ON Part Prepayment** 0% on amount prepaid.
Fees on Full & Final prepayment** A) For loan with fixed rate of
interest at the time of
prepayment:
1. 4% on amount prepaid and
on all amounts tendered by
the borrowers towards
prepayment of the Facility
during the last One year
from the date of final
prepayment.
B) For loan with floating rate
of interest of interest at the
time of prepayment:
1. Nil where loan is given to
individual borrowers.
2. 4% on amount prepaid and
on all amounts tendered by
the borrowers towards
prepayment of the Facility
during the last One year
from the date of final
prepayment and where
loan is given to Non-
indivitual borrowers for.
You have chosen to avail an optional Insurance Loan amount is inclusive of
insurance.

TERMS AND CONDITIONS ATTACHED TO THE SANCTION LETTER

1. This letter should not be construed as giving rise to any binding obligation on the part of NIVA
Bank to provide the financial assistance/s/ facilities mentioned overleaf (the “Facilities”), unless
you have submitted the duly completed application forms ti NIVA Bank and have executed all
other relevant facility documentation as required by NIVA Bank and, in a form and manner as may
be required by NIVA Bank Limited (“NIVA Bank”) in connection with the Facilities (hereinafter
referred to as the “Transaction Documentation”).

2. The transaction Documents may/ will contain terms and in addition to or in modification of those
set out in this letter.

3. Notwithstanding anything stated elsewhere in this letter or otherwise, the facilities mentioned
overleaf will be available solely at NIVA Bank’s discretion and subject to compliance of all
formalities and documentation as may be specified/ required by NIVA Bank. The continuance of
the Facilities is subject to cancellation and/or repayment to NIVA Bank on demand without
assigning any reason for the same.

4. Niva bank shall be entitled to revoke the sanction of the facilities, inter alia, in any of the
following circumstances:

a) There is any material change in the purpose(s) for which the facilities has been
sanctioned(the purpose(s)”);

b) in the sole judgement of NIVA Bank, any material fact has been cancelled and/or become
subsequently known;

c) any statement made by or on your behalf in your application or otherwise, is


incorrect, incomplete or misleading;
d) the accepted copy of this letter duly signed by you is not received by NIVA Bank within the
specified validity period;

e) there is a default under or a breach of the terms and conditions of this letter and other
Transaction Documents, or any other facility offered by NIVA Bank to you/ any of you;

f) the legal/technical/valuation report on the property is not satisfactory to NIVA Bank;

5. This sanction shall be available to the borrower/s for a validity period of six months (in case the
Borrower is salaried and self employed professional) and for a validity period of three months (in
case the Borrower is self employed non-professional) provided the borrower/s deposits with NIVA
Bank the administrative charges & other charges/fees mentioned overleaf at the time of delivering
the accepted copy of this letter to NIVA Bank.

6. Repayment of the Facilities could be through Instalment/EMIs comprising of principal and


Interest/by way of Minimum Amount Due.

7. NIVA Bank is entitled to add to, delete or modify all or any of the terms and conditions for the
Facilities and/or the Standard Terms applicable to the Facilities.

8. The borrower/s shall immediately intimate NIVA Bank in the event of any change in the
repayment capacity of the borrower/s. Without limitation, this shall include a loss/change in job/
profession etc. as also any change in any information stated in your application for the Facilities.

9. The rate of interest applicable to the Facilities shall be as prevailing on the date/s of
disbursement(s)/withdrawal(s) and as more particularly detailed in the credit facility application
form and other Transaction Documents.

10. No disbursements/withdrawals under the Facilities shall be permitted until and unless the
borrower/s has made its contribution towards the Purpose(s) as mentioned overleaf, executed the
required agreements, documents and writings and performed such other acts and deeds and created
such security as may be required by NIVA Bank.

11. NIVA Bank has sanctioned the Facilities on the basis of the calculation and the estimation of
the costs to be incurred for fulfilling the Purpose(s). If the cost of fulfilling the Purpose(s) increases
above or falls below the calculated amounts, NIVA Bank reserves the right to cancel the Facilities
or reduce the amount sanctioned at the sole and exclusive discretion of NIVA Bank and the
decision of NIVA Bank in that behalf shall be binding on the borrower/s.
12. For products other than Property Overdraft Facility, NIVA Bank may, in its sole discretion and
on such terms as to pre-payment charges, etc., as it may prescribe, permit prepayment/acceleration
in payment of EMIs/instalment at the request of the borrower/s, subject to as NIVA Bank may
specify, from time to time, the minimum amount of prepayment/amounts payable on account of
acceleration of EMIs. In the event NIVA Bank permits any prepayment/acceleration, the repayment
schedule for such facility shall be amended/altered by NIVA Bank for giving effect to such
prepayment / acceleration repayment schedules shall be binding upon the borrower/s. In case if any
amount is prepaid by the borrower/s, the same shall be adjusted first towards the incidental charges,
additional interest, PEMII, EMI outstanding, EMI of current month and balance towards the
principal amount of such facility. Effect of any prepayments made during any reset period will be
given from the next reset period. NIVA Bank, at its sole discretion, may permit swap of the
postdated cheques for re-scheduling of EMI only if such m um amount, as may be decided by
NIVA bank from time to time is prepaid.

Additional Terms and Conditions applicable for Adjustable Interest Rate :

13. “I-MCLR” means the percentage rate per annum decided by NIVA Bank and announced /
notified by NIVA Bank from time to time as its Marginal Cost of Funds Based Lending Rate
("MCLR"), in terms of the guidelines of the Federal Bank of Indiana. NIVA Bank publishes I-
MCLR for five tenures namely overnight, one-month, three-month, six-month and one year.

13.2 Adjustable Interest Rate means the I-MCLR and the spread, if any, as specified by NIVA
Bank shall be applied by NIVA Bank on the first of the month following the month of the year (as
per the English calendar) in which I-MCLR is changed. Adjustable Interest Rate would change
based on changes in the I-MCLR.

13.3 EMI amount is intended to be kept constant irrespective of variation in Ajustable Interest Rate
; however, NIVA Bank is entitled to increase the EMI at its sole discretion. The tenor of the
facilities shall also change in EMI’s.

14. In case there is any change in the regulator, including but not limited to provisioning
norms/and/or risk weightage applicable to the facility, NIVA Bank may revise the spread to reflect
the regulatory change, subject to extant FBI guidelines. In case there is any change I-MCLR due to
change in the methodology for computation of MCLR. The “spread” would appropriately be reset.
Any change in the spread would be as communicator by NIVA Bank from time to time.
**All taxes, duties and levies, including but not limited to Goods and Services Tax, and any
other tax/levy applicable as per law and as may be amended from time to time would be
additionally charged.

15.From the date of fast disbursement, you will be required to pay Pre-EMI interest (at the interest
rate applicable to your Facility the time your Facility is fully disbursed, subsequent to which your
EMI payments will begin.

16.Please note that on final disbursement of the loan, we provide a Free Personal Accident
Insurance to the extent al Principal amount and as per the applicable conditions.

10 the first applicant of the inan subject to the loan amours upto Rs.25 lacs. The amount is to the
extent of principal amoun and as per the applicable conditions.

The aforesaid sanction of the Facility will be subject to

1. Sanction Letter is valid for a period of 10 months, however the aforesaid ROI is valid for a
period of 30 days from the date of Sanction letter subject to change in the I-MCLR-1Y benchmark
rate.

2. Property will he financed subject to the title of property being legally clear, marketable and
technically clear (floor plan and building plan approved from respective development authority)

3. Facility amount shall not exceed 75% of Market Value of property, however the Agreement
Value of the property cunsidered shall be subject to the Market value (MV) of the property as
valued by NIVA Bank.

4. Execution of Facility and other documents between you and NIVA Bank as per NIVA Banks
policy and format.

5. Charges pertaining to stamp duty on loan and security documents, as applicable to respective
states, shall be borne by the borrower.

6. NIVA Bank Ltd to have first and exclusive charge on the asset being financed through this loan.

7. CA certified declaration for investment in plant and machinery to be provided.

8. Proof of source of OCR with clearances proof required.

9. Disbursement against registration only.

10. Property to be in name of applicants only.


11. Self occupancy declaration to be provided.

12. LTV to be restricted to 51% of market value.

13. This letter shall be a part of the Transaction Documents and shall be read in conjunction with
the Transaction Documents executed by the Borrower or any other person for availing the Facility
from NIVA Bank.

Your NIVA Bank Branch Credit Manager Mr. S will assist you with all your requirements
pertaining to the above Facility. You can reach him/her on 9876543210. Please sign and return the
acceptance copy of this letter to him/her at the address mentioned above.

If required, you may also contact NIVA Bank Branch Sales Manager Mr. P on 85840644690 or you
may write to us at customercare@NIVAbank.com from your registered e-mail ID or call our
Customer Care. We will be happy to assist you.

We look forward to a long lasting relationship with you.

Thanking You,

Yours sincerely,

Mr. R

NIVA Circle Office Credit Manager

For NIVA Bank Limited

“Teams are forbidden from making any attempt to contact the author, for the purpose of this

Competition.”
KIMCC RULES & PROCEDURE

A.TEAM COMPOSITION

1. Each team shall consist of three members, comprising of two speakers and one
researcher.

2. Students willing to participate can form team within their year or they can form teams
consisting of members from different years as well.

KLSMCS shall bear no responsibility for team formation.

3. Any alteration in the names of the team members shall be informed through e-mail
before submission of soft copy of the memorial i.e. 1st August, 2022 at
14kimcc2022@gmail.com.

However any such alteration shall be permitted only once.

B.PARTICIPATION AND REGISTRATION PROCEDURE

1. Interested teams should register themselves by filling up the Google Registration Form. The
Google Registration Form is as follows:
https://docs.google.com/forms/d/e/1FAIpQLSdr_SOm9Qst7zBAoW_pU7tjHHrnYskmi_CMp
69vaaUEHCpzpw/viewform?usp=pp_url

2. The allotment of National Moot Court Competitions shall be intimated after


declaration of the results.

3. Memorial submission is mandatory in order to appear for the oral rounds.

4. No person to person query will be entertained; every query will be entertained


through formal email at 14kimcc2022@gmail.com.

5. For further information of dates please refer to the Timeline attached.

6. Participants are directed not to approach faculty members of KIIT School of Law,
for consultation purpose. Violation of this rule would lead to disqualification.

C.MEMORIAL SUBMISSION GUIDELINES / RULES

The following guidelines for the memorials must be strictly followed. Non-compliance
will entail penalties as provided below:

1. Teams have to prepare memorials for both the Appellant and the Respondent.
2. Teams shall submit soft copy at 14kimcc2022@gmail.com on or before 1st August, 2022.
5 hard copies each of the Memorials have to be submitted by 5th August, 2022. The
memorials have to be submitted on A4 size paper, and must contain the following sections.

COVER PAGE;

TABLE OF CONTENTS;

INDEX OF AUTHORITIES;

STATEMENT OF JURISDICTION;

STATEMENT OF FACTS;

STATEMENT OF ISSUES;.

STATEMENT OF ARGUMENTS;

ARGUMENTS ADVANCED; .

PRAYER FOR RELIEF

3. The memorials must be printed in Times New Roman 12 font size with
1.5 line spacing. The footnotes must be in Times New Roman 10 font size with 1.0 spacing.
And should contain the ‘Team Code’ on cover page. (Top-Right Corner)

4. The arguments advanced should not exceed 15 pages.

5. The memorials as a whole should not exceed 25 pages including the cover page.

6. The memorials should have a margin measuring one inch on all sides of each page.

7. The page numbering should be on the bottom of each page.

8. The Appellant’s memorial cover page shall be Blue Colour A4 size, and
Respondent’s memorial cover page on Red Colour A4 size.

9. The teams have to use the latest edition of Blue Book for citation format
throughout the memorial.

10. Footnotes shall contain only the citations. There shall be no speaking footnotes in the
memorial.

11. The maximum scores for the memorial shall be 100 marks. The memorials shall
be evaluated on the following criteria and any non-compliance with above criteria
shall result in penalty of 2 marks per missing section.
PARTICULARS OF MARKS

1. Knowledge of Law and Facts 30 Marks


2. Proper and articulate analysis 20 Marks
3. Extent and use of Research 20 Marks
4. Clarity and Organization 20 Marks
5. Grammar and Style 10 Marks

TOTAL: 100 Marks

D. ORAL ROUNDS

1. Each team will get a total of 15 minutes to present their case. This time will include
rebuttal and sur-rebuttal. Any time exceeding the allotted time shall be penalized. The
penalty shall be of 1 marks for every two minutes exceeded. However extension of time is
permissible at the discretion of the judges.

2. There shall be two oral rounds per team, presenting both appellant and respondent.

3. The division of time per speaker is left for the discretion of the team subject to a
minimum of 5 minutes per speaker.

4. The oral argument should be confined to the issues presented in memorial.

5. The researcher shall be present with the speaker during the oral rounds.

6. Passing of notes/chits to the speaker is not allowed.

7. The participants shall be mandatorily abide by the dress code as per prescribed by
the Bar Council of India. Strict Adherence to Court Manners shall be observed by all
the participants.

8. Maximum scores for the oral rounds shall be 100 points per speaker. The oral rounds
shall be judged on the following criteria:

PARTICULARS OF MARKS

1. Knowledge of Law 20 Marks

2. Application of Law to Facts 20 Marks

3. Ingenuity and Ability to Answer 20 Marks

4. Style, Poise, Courtesy and Demeanor 20 Marks


5. Time Management 10 Marks

6. Organization 10 Marks
TOTAL: 100 Marks

E.FINALITY OF DECISION

The decision of the judges with regard to the outcome of the rounds shall be final.

F.CLARIFICATIONS

All clarifications regarding the Moot Problem should be sent before 08.07.2022 to
14kimcc2022@gmail.com. No questions/clarifications over phone/ any means other than email
shall be entertained.

G.AWARDS

1. Winner –

KIMCC Winner’s Trophy & Book Hampers

2. Runner’s-up –

KIMCC Runner’s up Trophy & Book Hampers

3. 2nd runner’s up –

KIMCC 2nd Runner’s-up Trophy &Book Hampers

4. Best Memorial –

KIMCC Best Memorial Award & Book Hampers

5. Best Speaker (Male) – KIMCC Best Speaker Medal & Book Hampers

6. Best Speaker (Female) – KIMCC Best Speaker Medal & Book Hampers.

7. Best Researcher – KIMCC Best Researcher Medal & Book Hampers

*All the participants would be provided with certificate of participation


THE TIMELINE

1. Disclosure of Moot Court Proposition: 27/06/2022

2. Last Date of Registration: 04/07/2022

3. Last Date for seeking Clarification: 08/07/2022

4. Last date for Memorial Submission Soft Copy (Both Sides) : 01/08/2022

5. Last date for Memorial Submission Hard Copy (Both Sides) : 05/08/2022

6. Draw of Lots: 12/08/2022

7. Researchers Test: 12/08/2022

8. Preliminary Round 1: 13/08/2022

9. Preliminary Round 2: 14/08/2022

#Disclaimer: The KLSMCS, hereby reserves the right to add/modify/alter/repeal any of


the above mentioned rules, dates and time with notification to the same effect.
ORGANIZING COMMITTEE

Prof. (Dr.) B.P. Panda

Director, KIIT School of Law

KIIT Deemed to be University

Prof. P.K Sarkar,

Chairman, KLSMCS

Dr. Sthita Prajna Mohanty

Faculty Convenor, KLSMCS

Ms. Pratiti Nayak

Faculty Co-Convenor, KLSMCS

Ms. Pragya Banerjee

Student Convener

KLSMCS

+91-9836352179

“All KLSMCS Faculty and Student Members”

#(All Communications are to be addressed to the below mentioned official e-mail id.)
Email Id: 14kimcc2022@gmail.com

#For Regular Updates www.facebook.com/klsmcs

You might also like