MOOT COURT, MOCK TRIAL AND

INTERNSHIP

LAW CENTRE – II
FACULTY OF LAW
UNIVERSITY OF DELHI

INTERNSHIP DIARY – (2024 – 2025)

SUBMITTED BY – NIKITA
ROLL NO. 227545
EXAM ROLL NO. - 22311806558
SECTION – E
GROUP NO. - 2
 DECLARATION

This is to certify that the Diary on internship programme which is submitted by

NIKITA in partial fulfilment of the requirement for the degree of L.L.B. to Law
Centre - II, Faculty of Law, Delhi University, comprises only my general work & due
acknowledgement has been made in the text to all material used. Neither the same
work, nor any part thereof, has earlier been submitted to any university for any degree.
 ACKNOWLEDGMENT

It is my proud privilege to express my sincere gratitude to Advocate LILA SINGH.

Under their shadow and guidance I have successfully completed my internship. I have
gained a lot of insight from the experiences of esteemed advocates and law firm which
has helped me in gaining a headstart into the working of judicial system of our country.

I am also thankful to the entire law faculty and especially our teacher Ms. NIDHI, for
inspiring guidance, supervision, expert suggestion & encouragement which helped me
to understand the application of law taught in the actual practice of law in and outside
the courts.
 INDEX

Sr. No. Particulars Page No.

1. Internship Certificate (SENIOR ADVOCATE, MS. 6-7
LILA SINGH)
2. Introduction. 8

3. Factual and Analytical information about the 9

Internships.

4. Part A – The Dip into the Pit. 10 - 11

5. Part B – Growing in the Pit. 12

6. Part C – What I’ve actually learned it the Pit. 13 - 16

7. Special and Deserved mention which is very 17

necessary.

8. Court Proceedings:-
1) Supreme Court – Suresh Karbhari Hirgude
18
Vs State of Maharastra (SLP).
2) Supreme Court – Saisha Tharwani Vs
19
Rajkumar Tharwani (Transfer Petition).
3) Delhi International Arbitration Centre –
20
PayU Payments Vs Prajna Insuretech
(Petition U/s 11(6) of the Arbitration Act).
4) Central Administrative Tribunal – Ajay
22
Kumar Bhalla Vs Prakash Kumar Dixit
(Service Matter).
5) National Company Law Tribunal – 23
Indospirits Pvt Ltd Vs JSN LLP (Petition
 U/s 9, IBC).

6) Case Name – CBI Vs Mohd. Arif 24

8. Part D – Drafting my way through the Pit. 25 - 26

9. Drafts – Brief Written Synopsis NCDRC, 27 – 34

35 - 40
Caveat (alongwith what I learned).

10. Conclusion. 41
 INTRODUCTION

This report examines the internship program with Ms. LILA SINGH I have completed
my internship in the month of OCTOBER - NOVEMBER, 2024. This experience have
shaped my understanding of the working of the legal system in this country which was
and is a great learning experience for me. The internships, firstly, exploded my
awareness, my work ethic and definitely my perspectives about everything. I dealt with
people directly and looked into their problems (domestic, regional and international). I
regularly went to various Courts of law around the country (Supreme Court, High
Courts, Tribunals and District Courts) in relation to different matters which gave me
direct entry into the working of judicial entities which is as priceless as it gets.

Not all legal acts happen in courts, for that matter, apart from the arguments and Para
Legal work, almost everything happens inside a lawyer’s chamber. A great deal about
planning, counselling, legal drafting, brainstorming, and record maintenance is taken up
by a lawyer to make a good case. Besides this, I was able to learn about carrying out
legal research, study of case files of running cases, preparing of draft real cases in hand
and handling clients meanwhile honing my court skills alongside. Further, information
about what it takes to run a successful chamber or office is also an insight which is
worth paying attention to.
FACTUAL AND ANALYTICAL INFORMATION ABOUT THE INTERNSHIP.

1. The early phase of the internship is just about observing and absorbing
everything that happens around you. One does not really get to do much except
to read files, observe proceedings and draft miscellaneous documents which
might be assigned to you by your senior.

2. A harsh fact about the earlier stages of the internships is that one is
overwhelmed by the amount, extent and scope of the work which pre-occupies a
major part of the legal system of our country. It is a very humbling and
grounding experience in the sense that one is definitely reminded of the
significance one has in this world (which to be honest, is not much).

3. Usually it is said that one needs to make up one’s mind at the most early stages
of a 3-year law course of one wants to do. I believe there is some truth in that
but there is more than what meets the eye in this particular statement. What one
needs to make up one’s mind for is to be driven, dedicated and disciplined to the
craft of what one is (Individuality) and the art of what one will be doing in the
future (Law). Restricting oneself to a constrained set of perspectives and truths
is definitely not the way to go by it.

4. With every respect to the universe residing in the corporate world and offices of
the country, my interests don’t align with the work these spaces do. Although,
my peers were impressed with the work, I personally did not find it too
engaging, ending my time at the firm with a well prepared presentation for the
same.

5. The Litigation universe in Delhi is at least 10 times ahead and faster than any
other place in the country. It keeps you on your heels and you need to constantly
be aware of what is happening around you. More on this aspect as this internship
report progresses. Now jumping straight into the report/ diary.
 PART A – THE DIP INTO THE PIT

1. Everything aside, the first phase of internship is tough, excruciating and most
importantly, overwhelming. One is straightaway dropped into this pit with the
hands and legs either tied together or directly taken away altogether with the
only goal in one’s mind being to survive in that place. Usually, interns
(especially first gen) are not equipped with the acumen as to what it is they
actually expect out of this law degree. As a result, the only option left with most
of us, is to plunge ourselves into this pit and hope for the best.

2. The most important aspect, even more than learning the ins and outs of this
profession I’d argue, is the presence of an experienced mentor. It is actually
THE difference between whether one will be able to set foot in this pit and hold
their ground or not. I have been grateful enough to work with the likes of Ms.
Lila singh and the team of colleagues she has in place. Earlier, when I was more
ignorant, I was highly sceptical when they said that “things take course” and boy
did the universe prove me wrong.

3. Consistency, Discipline and Persistence aren’t mere adjectives in this

profession, they actually are a good measure of gauging whether or not an
individual has what it takes or not. An individual already possessing these is
already in high demand, especially when there is a landfill of interns/ lawyers
with more or less no idea as to what is going on and each one of them being
extremely rigid about what they think to be, is “the truth”. And for those who
don’t possess even an iota of these qualities (like me), these qualities are very
patient in welcoming us. They make sure to respect an individual, if they get the
respect due from them.

4. To quote one of my favourite phrases, from one of my favourite TV shows: “It

does get easier. You just have to do it every day, that’s the hard part” – Bojack
Horseman. The more I think about this quote, the more convinced I am to the
authenticity of its truth. The mere fact of turning up everyday no matter how
good or bad you feel, is enough to get through the tough phases of the initial
 times. Even if one doesn’t know too much, one establishes loyalty among the
peers through this.

5. And the same is also true when it comes to resilience. Now, on to the next
section......
 PART B: GROWING IN THE PIT

1. I still remember my first interview for the internship. I was clumsy, under
confident and all over the place. And the first thing my mentor asked me to take
a pass over from the district judge. (I flushed all over the place because I didn’t
know about anything). Then she gave me a file and said “read and tell me
whatever you can after you’re done here” and then went on to ask me what is it I
like, do I watch movies etc. And it is much later that I realised that what he was
trying to get at was “who am I?”, “what are the experiences that have shaped
me?” etc.

2. And then began the process. Constant Court visits, reading case briefs and
attempting to draft documents which were no way near the mark and would
never be used by anyone around the office. It was a running joke and has been a
running joke ever since that “Interns are the most irritating resource in the
office” (sorry not sorry).

3. Now enough of meandering around, I should focus on shaping and elaborating

what I’ve learnt.
 PART C: WHAT I’VE ACTUALLY LEARNED IT THE PIT

1. These months involved consistent court visits throughout Delhi and involved an
insight into the Para Legal Work arising in and out of the necessities
accordingly. These included:-
 Filing various documents.
 Learning about when and where to file applications and for which reasons

I. The Vakalatnama – Of course this was the first document I got to draft. I guess
this is indeed the most basic document in terms of details and undoubtedly is the
one people do the most injustice with. The basic jurisprudential idea around a
Vakalatnama is the principle that a Client wants to be represented by the
Counsel of his/her choice, and so a Vakalatnama tells the court that the Client
is indeed being represented by a Counsel of his/ her choice.

The details of a Vakalatnama comprise of the Cause Title, the details about the
client as to which side is being represented in the following dispute, name of the
Counsel who can represent the client, numerous declarations regarding
exchange, filing and representation of documents on the behalf of the Client and
finally the assent which is granted by the client.

II. Affidavits – the most general affidavits which are used in day to day practice is
the basic affidavit and the evidence affidavit. The jurisprudential idea around an
affidavit is that the court, under the present dispute, wants to be absolutely
sure that any information given by the client is to the best of his knowledge
and true so that in case of any discrepancy arising therein such as false
claims, facts which are not true etc., the responsibility for the same can be
assigned directly to the client or the individual stating it.

The details in an affidavit include the cause title, the name, age, residence,
current position of work and whether he/ she is an authorized signatory or not if
representing a company of the Deponent who states that the information
provided by him/ her is true to the best of his knowledge, who is well versed
 with the facts of the case and that the case has been drafted by the Counsel on
the advice of the Deponent and vice versa.

III. Statement of Truth: In a commercial dispute, because of its very nature, the
claim amount can change anytime and the document trail providing
substantiated evidence for the same is never ending. If an individual is allowed
to introduce a certain claim at any stage of the proceedings, the dispute will go
on forever. This is where the statement of truth comes in. The jurisprudential
idea is the individual can claim any amount only to a certain length
throughout a proceeding. The statement of truth is a declaration that
pertaining to the dispute, the individual will make no further claims apart
from the ones stated at the start of the proceeding.

It is a declaration certifying that the documents presented by the individual and

the declarations made therein, are true to his knowledge.

IV. Court Proceedings – my senior told me way early, if you will straightaway go to
the Higher Courts without keeping an eye out for the basics, you are merely
going there to listen to good English (which the Higher Courts have no dearth
of). And Court Proceedings are mostly misunderstood as merely standing inside
the Courtroom to watch your senior argue. It is much more than that. In fact, this
does not even scratch the surface of anything.

Observing Court Proceedings is a mixture of law, psychology, philosophy and a

character study all at once.

V. Memo of Parties – apparently one of the basic documents, but very easy to
screw, the jurisprudential idea behind a memo of party(s) is to provide the court
with the biographical and residential detail about the parties to the court
and comprises of the name, age, serial no. and address about the specific
parties.
VI. Court Fees – getting a hold on the applicability of Court Fees in a particular case
is an art in itself. The Pecuniary requirement and the petition wise requirement
of Court Fees is tough to get a hang of but is a necessary skill in itself
nonetheless.

The complete detail of everything learned is not humanly and practically

possible to elaborate under the current report.
2. Apart from the less frequent engagements by my senior for my services, I got to
visit so many senior offices for briefings and conferences. The stakes involved,
dynamics established and general gratitude of being present in these meetings is
something I find myself lucky to have witnessed. Some prominent personalities
that I got to meet and visit are:-

 Sr. Advocate Anil kumar singh.

 Sr. Advocate Kishor.

 Sr. Advocate Prem singh

For these briefings/ conferences, my senior usually asks me to prepare case

notes, look for relevant judgments online, arrange all the documents in order and
be prepared with my notepad to take notes during the conference.

These conferences are a different universe in themselves. An intern is in a room

with the smartest brains in the country, discussing the biggest of stakes and
absorbing everything. What else can you ask for?
SPECIAL AND DESERVED MENTION WHICH IS VERY NECESSARY

The Clerks and Office Staff is one of the most irreplaceable aspect of a full
functioning Litigation Office and very rightly so too. At times, these individuals
can test your patience limits without doubt but their impact at a place can never
be ignored.

These guys do an actual job that is both physically and mentally challenging,
especially during Delhi Summers, an excruciating with an added pressure of the
senior coming straight at your throat at any given time during the day.

From getting the documents in order to filing everything in courts to being

aware about how to file something in court to doing the Para Legal Work as
necessity arises is something words cannot articulate or comment upon.

As a result, I believe the clerical staff of any fully fledged functioning office
anywhere, does a very commendable job for which this mention was indeed
necessary.
 COURT PROCEEDINGS

(24th october, 2024) – One of the first visit to The Supreme Court of India.

Case Name – Suresh Karbhari Hirgude Vs State of Maharastra (SLP)

 This was one of my first visits to the Supreme Court, and it was all the more
relevant because it was the first SLP which was completely drafted by me.

 SLP is filed under Article 136 of the Constitution of India Where the petitioner
takes special leave from the court to challenge against the impugned order from
the lower courts.

 An SLP contains checklist to be certified by an advocate on record, Index along

with the list of documents which have to be filed, the court fees, the listing
proforma, office report on limitation, the index of record of proceedings, the
defect list and the note sheet.

 The present case is that the accused along with six other accused murdered a
victim. After murdering, 5 of the accused ran away and were granted bail on the
grounds of good behaviour or ill health.

 Our contention was that because five of the other accused in the same case have
been granted bail, we too shall be granted bail on the grounds of parity. Further,
there was an additional charge sheet filed after three days of the event wherein
no specific mention about the accused was made.

Proceedings – on the first hearings, notice was issued to the Respondents based
on the additional statements made in the chargesheet.

Second Hearing – The State filed additional evidence to support their

contention.

Third Hearing – The Court was adjourned as the Respondents did not appear.

Fourth Hearing – The SLP was dismissed.

 (October, 2024) – Second Case in Supreme Court

Case - Saisha Tharwani Vs Rajkumar Tharwani (Transfer Petition)

 Section 25 of the Code of Civil Procedure enables the Supreme Court to transfer
any Case, appeal or other proceedings from High Court or other civil court in
one State to a High Court or other civil court in any other State.

 This power may be exercised by the Supreme Court if it is satisfied that an order
under this Section is expedient for the ends of justice. Hence wide powers are
given to the Supreme Court to order a transfer if it feels that the ends of justice
so require.

 It is usually filed in matrimonial matters, matters relating to army personnel who

for some reason are not able to attend matters in certain cases.

 In the present case, we were representing the Petitioner (Wife) who lived in a
town in Chhattisgarh and was not able to attend matters filed by the Respondent
(Husband) against her in Delhi.

Proceedings – First Hearing, Notice issued to the Respondent.

Second Hearing – Second Hearing, Court Proceedings adjourned.

Third Hearing – Petition admitted. Matter transferred to Chhattisgarh.

 (October, 2024) – Delhi International Arbitration Centre.

Case Name – PayU Payments Pvt Ltd Vs Prajna Insuretech (Petition Under
Section 11(6) of the Arbitration Act).

 The Section 11(6) of the Arbitration Act deals with appointment of Arbitrator in
matters where the Parties fail to make an appointment. Earlier the Chief Justice
of High Court and his/her designates were empowered to appoint an Arbitrator
in such cases.

 It is usually used when two parties in a dispute are not able to form consensus
among themselves for the appointment of an Arbitrator suggested by them
(usually 3) and as a result, the court steps in to resolve it.

 The present case revolved around a settlement dispute of an amount of Rs. 10

Crores for which the arbitrator suggested by both the parties could not be
appointed.

 The matter was referred to DIAC.

Proceedings – First Hearing, the arbitrator directed the parties to proceed for
amicable settlement if possible.

Second Hearing, the arbitrator went into the merits of the case as a settlement
could not be reached between the parties.

Third Hearing, adjourned due to paucity of time.

Fourth Hearing, Judgment Reserved

 Case Name – Ajay Kumar Bhalla Vs Prakash Kumar Dixit (Service
Matter)

 The Central Administrative Tribunal had been established under Article 323 -A
of the Constitution for adjudication of disputes and complaints with respect to
recruitment and conditions of service of persons appointed to public services
and posts in connection with the affairs of the Union or other authorities.

 Under the present case, the petitioner has challenged an order whereby he was
dismissed from the service back in 1988 and the grounds therein were not
properly laid for the dismissal.

 The court relied on various judgements by the Hon’ble Supreme Court to

adjudicate upon the present case.

Proceedings – First Hearing, the Court adjourned due to paucity of time.

Second Hearing, the Court asked the Respondents to submit additional affidavit
to confirm the grounds relied upon by them for the dismissal.

Matter pending adjudication.

 November, 2024 – National Company Law Tribunal

Case Name – Indospirits Pvt Ltd Vs JSN LLP (Petition U/s 9, IBC)

 Under Section 9 of the IBC, 2016, an Application for initiation of corporate

insolvency resolution process by operational creditor can be initiated.

 The Debtor in the present case defaulted a payment of Rs. 1.5 Crore and
underwent liquidation to avoid the payment.

 Moratorium was issued by the NCLT. We challenged on the ground that these
were frivolous methods by which the Debtor is trying to avoid the payment in
the present case.

Proceedings – First Hearing, the Debtor sought time to file reply within 2
weeks.
Second Hearing, matter adjourned as the Counsel representing the Debtor not
present.

Matter pending adjudication.

 November, 2024 – Saket District Court

Case Name – CBI Vs Mohd. Arif

 This case involved a chargesheet filed by CBI against the accused/ defendant for
sharing pornographic material involving children and turning it into a business venture
thereby making a sum of Rs. 80,000/- in the process.

 We were defending the accused who was a bachelor of 18 years pursuing B. Tech.

 The case was filed against the accused under Section 15 of POCSO Act and Section 66
of the Information Technology Act.

First Hearing – We filed the Vakalatnama representing the accused.

Matter pending adjudication.

 PART D – DRAFTING MY WAY THROUGH THE PIT

VII. Drafting is a lot more than mere production of words on a blank document or a
sheet. It certainly requires a practical knowledge of the legal system but even
more so about how the courts function, the time it takes for them to actually
proceed and then eventually dispose off an issue.

VIII. It is a sure shot hit and trial (and also your senior eventually getting tired of your
mediocre drafting skills and saying yes to everything you do therein to save his
time). The more one gets into this, the better are the chances of things actually
sticking with you.

IX. Knowledge of the psychological mind frame of the Judge also comes in handy.

X. The list of a few documents that I have had the chance to draft are:-

 Special Leave Petition – Civil and Criminal under Article 136 of the
Constitution of India.

 Section 9 Petition under Insolvency & Bankruptcy Code, 2016.

 Revision Petition, First Appeals and Consumer Complaints under the Consumer
Protection Act.

 Applications under Section 156(3) & Complaint under Section 200, Cr.P.C.

 Divorce Petition under Section 13, HMA, 1955.

 Defamation Complaint under Section 499, IPC.

 Petition under Protection of Women from Domestic Violence Act praying for
orders from the magistrate.
  Consortium Agreement (Between M/s AAN Engineering Industries Ltd. and
M/s Aimtrex Technologies Pvt. Ltd.).

 Statement of Claim.

 Arbitration Petitions under Section 11(6) of the Arbitration and Conciliation

Act, 1996.

 Complaint under Section 138, NI Act.

 Legal Opinion (for Zolo Stays, Mahindra First Choice Ltd.).

 Caveat (NCLAT, High Courts, Supreme Court) under Section 148A.

 Writ Petitions under Article 226 of the Constitution of India before the High
Court of Delhi.

 Letters Patent Appeal under Article 227 of the Constitution of India before the
Hon’ble High Court of Delhi.

 Replies, Rejoinders and Replications along various Courts.

 Translating Lower Court Records as required for filing in Hon’ble Supreme

Court of India and other Courts from regional languages to English.

Some of the drafts have been attached below for reference.

 BEFORE HON’BLE NATIONAL CONSUMER DISPUTES
REDERESSAL COMMISSION, NEW DELHI

COMPLAINT CASE NO. 179 OF 2024

IN THE MATTER OF:

Pravar Gautam ….Complainant
Versus
Wave Megacity Centre Pvt. Ltd. & Ors. ….Opposite Parties
NDOH: 16.12.2024

INDEX
Sr. No. Particulars Page No.
1. Written Synopsis on the behalf of Respondent
No.3 (Yes Bank).

2. Proof of service.

Filed By/ Through:

[LILA SINGH]
[PREM KUMAR SINGH]
Advocates for the Respondent No.3
New Delhi – 110029
Ph: 8800306086

Date: 16 /12/2024
Place: New Delhi
 BEFORE HON’BLE NATIONAL CONSUMER DISPUTES
REDERESSAL COMMISSION, NEW DELHI

COMPLAINT CASE NO. 179 OF 2024

IN THE MATTER OF:

Pravar Gautam ….Complainant
Versus
Wave Megacity Centre Pvt. Ltd. & Ors. ….Opposite Parties

WRITTEN SYNOPSIS ON BEHALF OF RESPONDENT NO.3

1. The present original Consumer Complaint has been filed by the Complainant
praying for a refund of Rs. 2,20,15,630/- alongwith 18% interest from Opposite
Party No. 1 (M/s Wave Megacity Centre Private Limited) on grounds unfair
trade practices and deficiency in service. The present Complaint is concerned
with the project initiated by Opposite Party No.1 for development of
Residential-cum-commercial complex for activities such as shopping malls,
showrooms, retail outlets, restaurants, hotels, offices and such other commercial
uses.

2. It is submitted at the outset that the prayers of the Complainant against the OP
No. 3 are unclear, ambiguous and non-maintainable and the present Complaint
is liable to be dismissed on these grounds alone.

BRIEF FACTS OF THE CASE AND LIST OF DATES:-

Sr. No. Dates Particulars

1. 02.09.2011 A lease deed was executed between OP No.1
(M/s Megacity) and OP No.2 (New Okla
Development Authority) in respect of
COMMERCIAL BUILDER PLOT NO. CC-01
measuring 6,18,952.75 sq meter situated at
 Sector 25A and 32, Noida, District Gautam
Budh Nagar, U.P. for the development of a
Residential-cum-Commercial Complex for
various activities such as shopping malls and
other commercial uses.

2. 09.09.2012 Upon the representation made by OP No.1, the

Complainant booked an Apartment No. D-802/
Amore in SUPER PREMIUM/ PREMIUM
SERVICED RESIDENCES IN “WAVE CITY
CENTRE” and made a payment of Rs.
22,00,000/-.

3. 23.10.2012 An allottee’s arrangement for the

abovementioned apartment was executed
between the Complainant and OP No.1. As per
this agreement, the possession of the apartment
was to be transferred to the Complainant within
36-48 months from the date of signing.

4. 17.07.2014 OP No.1 submitted the Mega Development

Plan of Mega City Centre with OP No.2 for
approval.

5. 10.09.2014 The said plan was approved by OP No.2 with

the condition that the construction was to be
completed within five years and the Possession
Certificate was to be obtained.

6. 29.09.2017 On the basis of requests and representation

made by OP No.1, OP No.3 (Yes Bank)
sanctioned a Term Loan for an amount of Rs
180,00,00,000/- (Rupees One Hundred and
Eighty Crore Only) in favour of OP No.1 for
 the purpose of funding the cost of development
of project, reimbursement of capital expenses
and refinance of unsecured loans used for
capital expenditure.

7. 11.10.2017 A permission to create mortgage was obtained

by OP No.1 in favour of OP No.3 since the first
charge on the immovable property was in
favour of the Noida Authority.

A no objection certificate was issued by Noida

Authority in favour of OP No.3 in respect to
the mortgage of Parcel 2B Commercial Plot
No. CC-01, Sector 25-A & 32 Noida.

8. 23.10.2017 A loan agreement was executed by and

between the OP No.1 and OP No.3 regarding
term loan of Rs. 180,00,00,000/- (Rupees One
Hundred and Eighty Crore Only) sanctioned in
favour of OP No.1.

9. 23.10.2017 As per the security structure, the following

documents have been executed in favour of OP
No.3 by OP No.1. They are as follows:-

a) Deed of Hypothecation in favour of OP

No.3.
b) Deed of Guarantee in favour of OP
No.3.

10. 23.11.2017 Further, as ESCROW agreement was executed

between OP No.1 and OP No.3 for routing all
the cash flow through this designated account.
The entire cash flow of the project was routed
 through designated ESCROW account as per
the ESCROW agreement.

Clause 1 and 2 of the Schedule II of the

ESCROW Agreement provides for a waterfall
mechanism for cash flows being routed through
the account.

11. 29.01.2018 In accordance with the sanction terms and the

terms of the loan agreement a Declaration and
a Memorandum of Equitable Mortgage was
executed by OP No.1 in favour of OP No.3 to
secure the repayment of loan sanctioned by the
Bank.

12. ---- OP No.1 did not complete the project by this

time.

13 ---- The present Consumer Complaint is filed by

the Complainant.

GROUNDS

3. The present Consumer Complaint is misconceived and is a clear abuse of the

process of law. The Complainant has not filed any supporting documents in
support of his allegation and hence the accusations made by the Complainant
against OP No.3 are unsubstantiated.

4. The Complainant is not a “Consumer” of OP No.3. There is no privity of

contract between the Complainant and OP No.3. There exists no contact through
which it can be established that the Complainant is the “Consumer” of Opposite
Party No.3.

5. That in absence of any relationship of consumer-service provider, the present

complaint or any relief cannot be claimed from the OP No.3. In the present case,
 OP No.3 has been arrayed with absolutely bald, unsubstantiated claims. The
reliefs claimed by Complainant from OP No.3 are neither maintainable nor
within the purview of the Act.

6. The Opposite Party No.3 is neither a proper nor a necessary party to the present
Complaint. The Complainant has a claim against the OP No.1 (builder).
However, no amount or consideration has been accepted by the OP No.3 from
the Complainant. Thus, the OP No.3 must be deleted from the array of Opposite
Parties.

7. It is important to note that Form No. CHG 1 has also been filed wherein charge
has been created in current assets of the borrower including the ESCROW
receivables. However, any fund received in the ESCROW account shall follow
the waterfall mechanism as documented in the ESCROW Agreement. The
facilities sanctioned were secured by way of equitable mortgage on land and
building and the NOIDA Authority is the first charge holder and not OP No.3.

8. There has been no separate charge created on the ESCROW account of the
borrower opened with the OP No.3. Hence, it is wrong to allege that the OP
No.3 has committed any act in violation of the agreements or any law in force. It
is submitted that disbursement of loan, execution of ESCROW arrangement of
creation of security in any manner amounts to violation of RERA Act or any
other law.

9. It is submitted that OP No.3 deals in public money and is fully within its rights
to create all possible security to ensure timely repayment of loan and enforce
security in case a need arises for recovery of loan. It is submitted that creation of
mortgage in favour of OP No.3 was to secure the term loan availed by OP No.1.
This was done duly with the permission of NOIDA Authority which issued the
NOC dated 11.10.2017.

10. As a prudent and diligent bank, OP No.3 has obtained End Use Certificate from
time to time. Hence, based on the aforementioned submissions, it is humbly
prayed that the Complaint against OP No.3 be dismissed.
 What I learned

 In order to help achieve the objects of the Consumer Protection Act, the National
Commission has also been conferred with the powers of administrative control over all
the State Commissions by calling for periodical returns regarding the institution,
disposal and pendency of cases. The National Commission is empowered to issue
instructions regarding

 (1) adoption of uniform procedure in the hearing of the matters,

 (2) prior service of copies of documents produced by one party to the opposite parties,

 (3) speedy grant of copies of documents, and

 (4) generally over-seeing the functioning of the State Commissions and the District
Forums to ensure that the objects and purposes of the Act are best served, without
interfering with their quasi-judicial freedom

 Further, it is a discretion which the Tribunal has wherein it can direct the parties to file
written synopsis for the convenience of the presiding member and smooth proceedings
of the case.

 The Tribunal gets the power of imposing cost on the parties on the failure of filing the
synopsis to ensure quick disposal of the case.
 IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
INTENDED SPECIAL LEAVE PETITION (CRIMINAL).No. – OF 2024

(Against Final Order and Judgment dated 11.09.2023 passed by the Hon’ble High Court
of Chhattisgarh at Bilaspur in MCRC No. 4113 of 2024).

IN THE MATTER OF:

Yashwanth Sinha … Intended Petitioner/

Non-Caveator

Versus

State of Chhattisgarh & Anr. …Intended Respondent

INDEX

S No. Particulars Page No(s)

1. Caveat Petition

2. Vakalatnama

Filed By:
PREM KUMAR SINGH
Advocate-on-Record for
Caveator/ Intended Respondent
New Delhi – 110029
PH. 8800306086

Date: /10/2024
Place: New Delhi
 IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
INTENDED SPECIAL LEAVE PETITION (CRIMINAL).No. – OF 2024

IN THE MATTER OF:

Yashwanth Sinha … Petitioner

Versus

State of Chhattisgarh & Anr. … Intended Respondent

VAKAL AT NAMA
I, , Complainant/ Caveator in the above Intended Special Leave
Petition do hereby appoint and retained MS. Lila singh, Senior Advocate, to act and
appear for me/us in the above Appeal and on my/our behalf to conduct and prosecute (or
defend) or withdraw the same and all proceedings that may be taken in respect of any
application connected with the same or any decree or order passed therein, including
proceedings in taxation and application for Review, to file and obtain return of
documents and to deposit and receive money on my/our behalf in the said Suit/
Appeal/Petition/ Reference and in application for Review and to represent me/us and to
take all necessary steps on my/our behalf in the above matter. I/We agree to ratify all
acts done by the aforesaid Advocate in pursuance of this Authority.

Dated this .............................. Day of October, 2024.

COMPLAINANT/ CAVEATOR

Accepted
………………………….…………………………………………………………………

(LILA SINGH) Senior Advocate

MEMO OF APPEARANCE

To

The Registrar,

Supreme Court of India,

New Delhi.
Sir,

Please enter my appearance on behalf of the Caveator/ Complainant in the

matter above mentioned Dated this the ……………………….. day of October of2024.

Your faithfully,

(LILA SINGH)

Advocate for Caveator/ Complainant

 What I learned:-

 By filing a caveat petition, the caveator ensures that they are not caught off guard by
any proceedings initiated by another party. This proactive measure allows the caveator
to actively participate in the legal process and safeguard their rights, ensuring a fair and
balanced resolution.

 A Caveat is filed under Section 148A of Code of Civil Procedure, 1908.

This is provided under clause 1 of Section 148 A, which states that a person who claims
to have a right to appear in court may file a caveat petition in the following
circumstances:

1. Where there is the apprehension of application.

2. Where an application has already been submitted.
3. In a suit that is expected to be filed against him.
4. In an already instituted suit.

 Further, if the opposite party files an SLP against the Impugned Order, the Supreme
Court notifies the Intended Respondent that a petition is being filed against them.
 CONCLUSION

1. As already stated, this is an incomplete work which is being submitted while

pursuing the current law degree and hence it is still under works and by its very
nature, will be under works for the coming times as well.

2. I pay my gratitude and respects to all those who have helped me shape myself
along and within the legal sphere.

3. The work is not yet done and when I think about it, will never stop from now
on.

4. Special thanks to Ms. Nidhi, my moot court teacher, under whose guidance and
devotion, the present report has been made.

The various visits to the Courts alongwith the conferences are an added bonus which will
definitely provide me with a headstart for the coming years