Progressive Education Society’s
Modern Law College
BA LLB V
LP 1004 Practical Training Paper IV - Moot Court Exercise and Internship
3rd Moot Court Problem 2023-24
Rajesh is a resident of Pune residing at 102, Raj heights, Kothrud, Pune -31. He belongs
to a family dealing in the business of hospitality and transport services since several years in
Central India, which has to their credit successful running of various Hotels, Resorts etc. Rajesh
has various businesses at Pune, in the name of Wai Goods Transport Garrage, Wai Automobile,
Wai Hospitality Pvt. Ltd., which is running one of the prestigious Hotel of Pune City by name
Hotel Wai International. In the said Hotel, Rajesh has also applied for and was granted
Certificate of Import & Export. Rajesh is an Income-tax payee and a peace loving and law-
abiding citizen.
As Rajesh is in hotel business, he decided to open a Restaurant at Mumbai. For the said
purpose, he along with some of his friends incorporated a Company by name "Tirupati
Restaurants & Cafe Private Limited" wherein Rajesh is one of the Director and shareholder. The
said Company obtained a premise admeasuring about 3300 Sq.ft. along with right to use
adjoining open area of 4410 sq.ft. And upper mezzanine floor of 2500 sq.ft situated at third floor
of Trade House, Jamala Mills Compound on Leave and License basis from the owner of the land
and the Developer namely “Royal Traders” & “Jamala Mills Limited”. Upon obtaining all the
necessary permissions as required from various authorities for running the business, Rajesh’s
company started the business under the name and style as "MOJOS VISTRO" in the said
premises in the month of May, 2021.
Rajesh got married on 11/07/2021 at Jaipur at destination wedding and reception was
held at Pune on 13/07/2021. Rajesh and his wife Prachi went for honeymoon to Australia on
16/07/2021 and returned to India on 04/08/2021.
On the night in between 5th & 6th August, 2021, there was an unfortunate incidence of
fire in the adjoining Restaurant namely “10 Above". Rajesh was not present at the time of the
said incidence anywhere near the said restaurant. He was telephonically informed about the said
incidence by his Manager after midnight of 05/08/2021 i.e. sometime at about 1:00 a.m. of
06/08/2021, while he was travelling from Pune to Mumbai. By the time Rajesh reached the spot
at Jamala Mills and met his staff, everything was over and he was not allowed to go near the
building, as the premise was completely sealed off for the rescue operations. Rajesh was
informed that the staff of his Company has not only ensured that all the customers of the
restaurant of the company of Rajesh are safely rescued from the fire, which has spread to the
restaurant of the company of Rajesh also, but they had saved the lives of many customers of “10-
Above” restaurant, who were trapped in the fire. Then Subsequently, Rajesh came to know that
unfortunately, the said incidence of fire has caused the loss of lives of as many as 14 persons,
besides injuring many.
Crime No.291/2021 was registered at T.M.Roshi Marg Police Station, Mumbai for the
offences punishable under Sections 304 & 337, 338, 216, 285 read with Section 34 of Indian
Penal Code or in any other offences against Rajesh and 4 more persons on 06/08/2021.
It is alleged that the fire started at the terrace of Rajesh’s hotel as hukkah was served. But
Rajesh’s hotel is legally permitted to serve hukkah as the circular issued by office of
Commissioner of Police dated 09/04/2020 which is based on order of the Hon’ble Supreme
Court itself has clarified that restaurants are allowed to serve Hookah in Smoking zone area as
per the Cigarettes’ and Other Tobacco Products Act 2003 (COTPA).
The Staff of Rajesh’s Restaurant was thoroughly trained staff and due to this reason, the
staff was able to locate the building fire and evacuate the guests and others to safety, without any
injuries or casualties and they also helped the customers of the other restaurant.
Details of Hotel Premises: The said premises was obtained on Leave and License basis,
the construction as required by the Company of Rajesh was provided by the Landlord and the
Rajesh has not carried out any construction of permanent nature. The adjacent premises of the
said building, another Restaurant by name '10 Above' was being run. There was a common wall
between the two Restaurants. As far as the Restaurant run by the Company of Rajesh is
concerned, all the necessary permissions including the permission from the Fire Department was
granted by the competent authorities and the Company has complied with all the
measures/requirements which the authorities have called upon to do. It is learnt that as far as the
adjoining Restaurant is concerned, the said adjoining Restaurant was said to have not complied
with various requirements particularly pertaining to Fire Safety as directed by the authorities.
There is a map which was in fact part and parcel of the Leave and License Agreement executed
in favour of the company of Rajesh.
The ‘Spot Panchanama’ dated 06/08/2021 states all unfortunate victims have died in the
bathroom/toilet constructed by ‘10-Above’ restaurant and it appears that there was no ventilation
or exhaust fan in the bathroom/toilet where unfortunate death happened due to suffocation. The
forensic reports submitted by the prosecution it is categorically stated that Carboxyhaemoglobin
was detected in blood sample of victims in forensic examination reports dated 08/08/2021.
Rajesh has been arrested on 10/08/2021 in Crime No.291/2021 dated 06/08/2021
registered at T.M.Roshi Marg Police Station, Mumbai for the offences punishable under Sections
304 & 337, 338, 216, 285 read with Section 34 of Indian Penal Code. Rajesh has been sent to
Judicial Custody on 16/08/2021 after being in Police custodial remand for 6 days. A bail
application was presented before the magistrate Court Goiwada, Mumbai, which came to be
rejected on 21/08/2021. Rajesh has now applied for a regular bail before the Sessions Court,
Mumbai.
Draft and argue a Bail application on behalf of Rajesh and draft a reply to the Bail Application
on behalf of investigating officer/State denying the grant of bail.
Instructions
1) Date: As per the schedule.
2) Venue: Modern Law College, Ganeshkhind, Pashan Road, Pune, 16.
3) Language: The written and oral submissions shall be in English only.
4) Eligibility: Regular bonafide student at Modern Law College.
5) Dress Code: As per the rules of the Bar Council of India (Gowns and Bands Not Allowed).
6) Team Composition: The team should consist of Two Speakers. (One Speaker with Odd and Other
with Even Roll Number)
7) Even Roll number will represent Applicant and odd Roll number will represent Respondent.
8) Memorial Submission must be handwritten only. Carry a copy of books, bare acts, references,
compendium during presentation. (They carry separate marks)
9) Oral Submission will be conducted as per schedule and late submission will not be entertained and
marked absent. Do not call or message any faculty with reference to oral submission.
10) Conduct of Moot Court – Applicant and Respondent must compete against each other.
11) All the rights with reference to oral and written submission are reserved with the college.
