Filed by:

Saurabh Kansal, Pallavi

Sharma Kansal
Ashu Chaudhary
Advocates
Chamber No.
408, Block-III
High Court of Delhi
New Delhi - 110 003
Dated: 25.01.2023
Place: New Delhi
BEFORE DELHI
INTERNATIONAL
ARBITRATION
DELHI HIGH COURT
CAMPUS SHERSHAH
ROAD, NEW
DELHI
DIAC/___________
Filed by:
Saurabh Kansal, Pallavi
Sharma Kansal
Ashu Chaudhary
Advocates
Chamber No.
408, Block-III
High Court of Delhi
New Delhi - 110 003
Dated: 25.01.2023
Place: New Delhi
BEFORE DELHI
INTERNATIONAL
ARBITRATION
DELHI HIGH COURT
CAMPUS SHERSHAH
ROAD, NEW
DELHI
DIAC/___________
Filed by:
Saurabh Kansal, Pallavi
Sharma Kansal
Ashu Chaudhary
Advocates
Chamber No.
408, Block-III
High Court of Delhi
New Delhi - 110 003
Dated: 25.01.2023
Place: New Delhi
BEFORE DELHI
INTERNATIONAL
ARBITRATION
DELHI HIGH COURT
CAMPUS SHERSHAH
ROAD, NEW
DELHI
DIAC/___________
MENTION THE EXERCISE DETAILS.

BEFORE DELHI INTERNATIONAL ARBITRATION

DELHI HIGH COURT CAMPUS SHERSHAH ROAD, NEW
DELHI

BEFORE THE LD. SOLE ARBITRATOR, DELHI INTERNATIONAL

ARBITRATION CENTRE AT NEW DELHI

CASE NO. __xxx______ OF 2019

DIAC/___________

IN THE MATTER OF:

Infranet Technologies Ltd., ……..Applicant
Apt. 401 Kmal Bazzar
Pune Maharashtra
412112
Versus
Vigyan Vikas Recruitment Board (VVRB) ……..Respondents
10/20,Gyaan Mandal Colony
Pune Maharashtra
412112

STATEMENT OF CLAIM
Most Respectfully Showeth:

1. That the present claim is being filed by the Applicant against the respondent who is an
independent agency established by the Government of India which manages applications
and conducts various exams for recruitment/admissions in India.
2. That the Applicant and the Respondent entered into an agreement dated 01-10-2016,
whereby the applicant agreed that the entire project was to be completed and made
 operational with specified activity milestones in 40 weeks and as per the agreed timeline
the end date agreed to was 18.6.2017. The agreement had mentioned the type and model
of equipment to be procured for the project and written approval was to be obtained from
VVRB for any change in the type or model of equipment.to provide construction services
to the Respondent for the construction of a residential complex.
3. That the OEM mentioned in the agreement was a company incorporated in France and
there was some delay on its end in supplying the equipment despite the order having been
placed by Infranet Technologies Ltd. on it.
4. That the applicant continuously written to the respondent for a change in the model and
also gave various good alternatives to the OEM. However, the same was not approved.
Due to this, Infranet Technologies Ltd. was finding it difficult to adhere to the timeline.
5. That the applicant on the request of respondent submitted the revised timeline with the
completion date as 30-12-2017 as against 18-06-2017 as originally agreed upon. The
same was accepted by the respondent.
6. That Infranet Technologies could not adhere to the revised timelines as well, due to some
customs approval related issues.
7. That the applicant made a formal request of extension vide their email dated 14-05-2018.
VVRB agreed for extension of the schedule by six months without any additional liability
or cost escalation subject to applicability of liquidated damages for delay as per Clause
28.2 of the agreement. As per Clause 28.2 of the agreement liquidated damages were to
be assessed at 0.5% per week for delays. It also prescribed a maximum limit of 10% of
the entire amount under the contract as liquidated damages.
8. That the technical issues arisen due to the late delivery of the said material from the OEM
there was delay in the completion of the said project. Therefore, as per the extended
timeline the project was to be completed by 14.11.2018. However, the same could be
completed only on 30.05.2019.
9. Thereby, as per the terms of the agreement, the Respondent was required to pay a sum of
Rs. 4,00,00,000/- which was the liquidated damages levied by VVRB, in the event of any
delay in the completion of the project.
10. That the Respondent has failed and neglected to pay the said sum of Rs. 4,00,00,000/- to
the applicant despite several requests and reminders.
11. That In addition to the above, the respondent has also defaulted in paying the escalation
cost due to the delay in completion of the project, which amounts to a sum of Rs.
3,92,48,000/-.
12. That the Applicant has suffered significant losses and damages due to the breach of the
agreement by the Defendant.
13. That the Applicant has made several attempts to amicably resolve the matter with the
Defendant, but the Defendant has failed to cooperate.
PRAYER
The Applicant therefore seeks the following relief:
a) A sum of Rs. 4,00,00,000/- as liquidated damages levied by the Plaintiff.
b) A sum of Rs. 3,92,48,000/- towards escalation cost due to the default on the
part of the Respondent.
c) Any other relief that the Hon'ble Court deems fit and proper in the
circumstances of the case.
The Plaintiff reserves the right to add, alter or amend the present claim, or institute such
further proceedings as may be necessary or required in the interests of justice.
APPLICANT
Through
Shyam Lal Banwari, Kishori Lal
Sanjay Lal Banwari
Advocates
Chamber No. 678, Block I
High Court of Delhi
New Delhi - 110003
PLACE: New Delhi
DATE: 8-2-2023
AFFIDAVIT
I, Vaishnavi Rastogi hereby solemnly affirm and declare as under: -
1. That I am Applicant in the aforementioned matter and being well conversant with the facts
and circumstances of the case and am competent to swear this affidavit.
2. That accompanying statement of claim has been drafted by Counsel upon
instruction, the contents of same may be read as part and parcel of this affidavit
and further, I state that the contents thereof are true and correct to the best of my
knowledge and same is based on record of the case maintained by me except the
legal submission made therein which are believed to be true and correct.

APPLICANT

VERIFICATION
Verified at New Delhi on 8-2-2023 that the content of this Affidavit is true to
best of my knowledge and same I based on the record of the case maintained by me
and nothing material has been concealed there from.
APPLICANT
Exercise 2: Drafting a statement of Defence

BEFORE THE LD. SOLE ARBITRATOR

CASE NO. _________ OF 2023
Of the Delhi High Court
ARBITRATION CASE NO. _______ OF 2023

IN THE MATTER OF:

Infranet Technologies Ltd., ……..Applicant

Apt. 401 Kmal Bazzar
Pune Maharashtra
412112
Versus
Vigyan Vikas Recruitment Board (VVRB) ……..Respondents
10/20,Gyaan Mandal Colony
Pune Maharashtra
412112
STATEMENT OF DEFENCE

At the very outset the Respondent denies each and every allegation, contentions and
arguments as contained in the statement of claim except to the extent specifically admitted
herein. Nothing contained in this reply should be construed aa having admitted any averment
contained in the claim petition.
1. This is the defence made in The Respondent denies the Claimant's claim for a sum of Rs.
4,00,00,000/- towards liquidated damages and a sum of Rs. 3,92,48,000/- towards
escalation costs allegedly due to default on the part of the Respondent.
2. The Respondent submits that the Claimant is not entitled to any damages or costs due to
the following reasons:
a. The contract between the parties clearly specifies the liquidated damages that can be
levied in the event of delay or default by the Claimant. The said damages were duly
levied by the Respondent after the Claimant failed to complete the project as per the
agreed timeline. Therefore, the Claimant cannot challenge the validity or enforceability
of the liquidated damages clause.
b. The escalation costs claimed by the Claimant are not based on any valid calculation or
justification. The Claimant has failed to provide any evidence to support its claim for
escalation costs, and the Respondent disputes the validity and reasonableness of such
claim.
c. The Claimant is responsible for the delay and default in completing the project, as it
failed to provide the required resources, manpower, and materials as per the contract.
The Respondent had repeatedly requested the Claimant to full fill its obligations, but the
Claimant failed to do so, resulting in significant delay and cost overruns.
d. The Respondent had taken all reasonable steps to mitigate the damages and minimize
the impact of the Claimant's default, including seeking alternative resources and
materials, but the additional costs incurred were unavoidable and directly attributable to
the Claimant's default.
3. The Respondent reserves its right to file a counter-claim against the Claimant for damages
and losses suffered due to the Claimant's breach of contract and default.
PRAYERS
The Respondent respectfully requests the Arbitration Tribunal to:
a) Dismiss the Claimant's claim in its entirety, as the allegations lack merit and fail to
substantiate any breach of contract or wrongdoing on the part of the Respondent.
b) Find that the delays in completing the project were primarily caused by factors
beyond the Respondent's control and that the Respondent fulfilled its contractual
obligations diligently.
c) Reject any liability for the losses suffered by the Claimant as alleged in the Statement
of Claim, as the Respondent will provide evidence demonstrating that such losses
were not a result of its negligence or failure to perform its contractual obligations.
d) Reject the Claimant's claim for the inclusion of the alleged loss of goodwill, as there
is no substantiated evidence to support such a claim.
e) Grant any further relief that the Arbitration Tribunal deems just and appropriate in the
circumstances.
WHEREFORE, the Respondent respectfully prays that the Arbitral Tribunal dismisses the
Claimant's claim for damages and costs, and allow the Respondent to file a counter-claim for
damages and losses suffered due to the Claimant's breach of contract and default.
RESPONDENT
Through
 Pankaj Sharma and Sons
Advocates
Chamber No. 2837, Block II
High Court of Delhi
New Delhi - 110003
PLACE: New Delhi
DATE: 11-2-2023

AFFIDAVIT
I, Ranu Malik hereby solemnly affirm and declare as under: -
1. That I am Applicant in the aforementioned matter and being well conversant with the facts
and circumstances of the case and am competent to swear this affidavit.
2. That accompanying statement of claim has been drafted by Counsel upon
instruction, the contents of same may be read as part and parcel of this affidavit
and further, I state that the contents thereof are true and correct to the best of my
knowledge and same is based on record of the case maintained by me except the
legalss submission made therein which are believed to be true and correct.

RESPONDENT

VERIFICATION
Verified at New Delhi on 11-2-2023 that the content of this Affidavit is true to
best of my knowledge and same I based on the record of the case maintained by me
and nothing material has been concealed there from.
RESPONDENT

Good Attempt.
Dear Vaishnavi,
I appreciate your efforts to complete the exercise. However, there are a few suggestions to
follow;
1.It is necessary to add the mention the exercise details.
2.It is advised to draft the court title as per the exercise and assume the name of the Arbitrator
in the head title for the purpose of the exercise.
3.It is advised to add the communication details of the parties, which includes, the registered
address of the company, telephone numbers and the fax number. Follow the suggestion.
4.It is advised to add the amount in words as well in figures.
5.It is advised to add annexures to substantiate the facts mentioned by you. (Important point).
6.As per the latest directions from the Hon’ble Supreme Court, all the pleaders are requested
to add a cover page, index, and memo of parties to the application. If any documents are not
present with the application, the application may be returned.
7.It is advised to keep a check on the grammatical errors, spelling errors, paraphrasing, and
formatting of the draft. Also, paginate the draft.

This is from my personal experience at court.

•Drafting plays an important role in getting success in court. Thus, it is advised to pay
attention while drafting the facts and try to avoid errors by proofreading.
•Also, keep the client’s edge in mind while drafting any legal document.
•There are certain drafting standards that you are required to follow, as per the Supreme
Court. You are required to draft the cover page, memo of parties, and index before the main
suit or application.
•Make sure the draft of the suit or application is free from all kinds of errors, as the document
gets checked by the registry before going before the judge.
•When it comes to adding annexures and putting details in the index, please do add the
details. As it is important to add the particulars of the application.

Industrial feedback;
While drafting a statement of claim or defense in arbitration proceedings, it is important to
keep the following key considerations in mind:

Statement of Claim:
Clarity and specificity: Clearly state the facts and legal basis of your claim. Be specific in
describing the events, actions, or omissions that form the basis of your claim. Avoid vague or
ambiguous language.

Complete and comprehensive: Include all relevant information and supporting

documentation to substantiate your claim. Provide a clear account of the facts, relevant
contracts, agreements, or legal provisions, and any other evidence that supports your position.

Organization and structure: Present your claim in a logical and organized manner. Use
headings, subheadings, and numbered paragraphs to make it easier for the arbitral tribunal to
follow your arguments. Maintain a clear flow of information and avoid unnecessary
repetition.

Conform to procedural requirements: Adhere to any procedural rules or guidelines

specified in the arbitration agreement or chosen arbitration rules regarding the format, length,
and content of the statement of claim.

Statement of Defense:

Respond to each allegation: Address each allegation made in the statement of claim
individually, admitting or denying them as appropriate. Provide a clear and specific response
supported by facts, evidence, or legal arguments.

Affirmative defenses and counterclaims: If you have any affirmative defenses or

counterclaims, clearly set them out in the statement of defense. Present the factual and legal
basis for these claims and explain how they relate to the original claim.

Challenge the claimant's case: Identify any weaknesses, inconsistencies, or gaps in the
claimant's case and challenge them in a factual and respectful manner. Highlight any relevant
legal provisions or arguments that support your defense.

Maintain objectivity and professionalism: Maintain a professional tone throughout the

statement of defense. Avoid personal attacks or emotional language. Focus on presenting your
defense based on facts, evidence, and legal arguments.

Timeliness: File the statement of defense within the prescribed time limit to avoid any
procedural disadvantages. Seek extensions if necessary but comply with any deadlines set by
the arbitral tribunal.

Compliance with procedural requirements: Adhere to any procedural rules or guidelines

specified in the arbitration agreement or chosen arbitration rules regarding the format, length,
and content of the statement of defense.

Here are the essentials of the statement of claim and defense:

Statement of Claim:
Purpose: The statement of claim is a document filed by the claimant initiating the arbitration
proceedings. Its purpose is to outline the claimant's case, provide details of the dispute, and
assert the relief sought.

Contents: The statement of claim should include the following essential elements:

 Identification of the parties involved in the dispute.

 Description of the nature of the dispute and relevant facts.
 Clear and specific claims made by the claimant, including the relief sought and the
legal basis for the claim.
 Documents or evidence supporting the claim.
 Any legal arguments or provisions relied upon by the claimant.

Timelines: The claimant is usually required to file the statement of claim within a specified
time frame agreed upon by the parties or as directed by the arbitral tribunal.

Statement of Defense:

Purpose: The statement of defense is a response to the statement of claim filed by the
respondent. It allows the respondent to present its defense, counter the claims made by the
claimant, and assert any affirmative defenses or counterclaims.

Contents: The statement of defense should include the following essential elements:

 Identification of the parties involved in the dispute.

 A clear and specific response to each allegation made in the statement of claim.
 Any affirmative defenses or counterclaims raised by the respondent.
 Documents or evidence supporting the respondent's position.
 Any legal arguments or provisions relied upon by the respondent.

Timelines: The respondent is typically required to file the statement of defense within a
specified time frame after receiving the statement of claim or as directed by the arbitral
tribunal.

Admissions or denials: The statement of defense should explicitly admit or deny each
allegation made in the statement of claim. Failure to deny an allegation may be construed as
an admission.

Both the statement of claim and defense play a vital role in framing the issues to be
determined by the arbitral tribunal and allow each party to present its case and arguments. It
is important to comply with any procedural requirements set out in the arbitration agreement
or applicable arbitration rules, as well as the directions given by the arbitral tribunal
regarding the filing and content of these documents.
I hope my suggestions will help you to understand the topic well and draft the applications
better.

All the best.

Exercise 1- 9/10.
Exercise 2- 9/10.

Regards,
Abhishek Charan
9876968340
abhishek.c@lawsikho.in

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