Trial Diary

IN THE COURT OF METROPOLITAN MAGISTRATE’S 17th

COURT AT BORIVALI, MUMBAI

C.C. NO. 234 /DV/ 2023

Day 1: -
The case pertained to a contract between the municipal corporation and the construction company
responsible for constructing additional units in the premises of a Government medical college in Kandivali.
However, during the existence of the contract, a dispute arose wherein the contract included a clause on
information to bidder and a general contract clause which provided for selection of 3 arbitrators and the
ITB included provision of selecting sole arbitrator. The dispute basically was as in how and by whom
should the arbitration be carried out. So we prepared a detailed draft of the terms and condition that were
necessary pertaining to the specific dispute that arose. we wrote a brief as in the ground that were taken by
the petitioners for filing the writ against the respondents.
5 th July, 2022 I was called by sir to his cabin for discussing the brief that was submitted the previous day
and was asked as in how to proceed with our arguments and to find out cases supporting our case. I
submitted a detailed reseach from Manupatra in two cases. The first being Narayan Lohia vs Nikunj Lohia
[ (2002) 3 SCC 572] where the court held that the right to challenge the award won’t arise if composition
of arbitral tribunal or procedure is in accordance with the existing agreement within the parties even
though it is in conflict with the provisions of contract. The second case being Inox Wind Ltd vs
Thermocables Ltd [(2018) 2 SCC 519] where the court held that in single contract cases, a general
reference would be sufficient for incorporation of an arbitration clause from a standard form of contract. In
cases falling under two-contract cases, a stricter rule has to be followed by insisting on a special reference
to the arbitration clause from an earlier contract. (Reference to a secondary document in a contract between
two parties and secondary document is a contract to which atleast one party is different from the parties to
the contract in question)
6 th July, 2022 I was assigned to draft a criminal complaint under section 156(3) of CrPC. The complaint
invoked jurisdiction of Chief Judicial Magistrate of the Khordha District Court u/s 156(3) of CrPC to
direct the concerned police department to register a FIR and investigate the matter followed by appropriate
action against the accused who was involved in harassing the daughter of our client along with of CPC
regarding substitution petition. So since the petitioner has not filed, the defendant will be at a stronger side
and there are high chances of the case being dismissed.
11 th July, 2022 The day was quite uneventful since sir was not well, so the matters that were listed were
to be attended by the associates and convey the court about ill helath and request to list the matter after a
while. So I was asked to research on Sexual Harassment at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 based on section 2(a) which defines aggreived women, section 2(f) which defines
employee, section 2(g) which defines employer, section 2(n) which defines sexual harassment and section
2(o) which defines workplace. The research was in regard to an SLP where the question of law involved to
identify whether notional extension of workplace theory be applied to the aforementioned act while
deciding whether the case falls under the act. Wherin I also found cases discussing the same such as, B.E.S
Undertaking v. Agnes, Mackinnon Mackenzie v. Ibrahim Isak that explained about the principle of
notional extension. 12 th July, 2022 There was a case of divorce, where the petitioner wife being our client
filed for divorce along with claims of cruelty under domestic violence act. The petitioner being our client,
we were supposed to file the income affidavit along with the expenses shared by the petitioner and her kid
which was high compared to her annual income, for which I accompanied the associate to the court. Later,
I accompanied the associate to discuss the status of the case and the strategy to be adopted along with the
evidences of cruelty, about the expenses of the peitioner, carelessness behaviour of the husband towards
the responsibilities of wife and kids. The petitioner also alleged about the defendant staying in Mumbai
having a lavish lifestyle without any care of wife, kids and in-laws.
13 th July, 2022 Was asked to research on Section 125 of CrPC that dealt on order of maintenance of
wives, children and parents. There after I was made to sit in a client meeting for the divorce matter, the
client being the husband who wanted divorce from his wife. The client alleged wife of having an illicit
relationship with one of her old school friend. Their marriage being two years only, he explained incidents
how she always left her inlaws to her parents without having proper discussion and without informing the
husband and the inlaws. The husband even alleged of the wife misbehaving his parents and was in fear of
wife filling a false case against the husband. So I took note of the matters as described by the client and
gave them to my counsel.
14 th July, 2022 Was given research on Whether successive bail application can be filed in a particular
court. After referring to cases and the basic principle, successive bail applications could be filed in the
same court however it has to be under the same judge who had earlier rejected the bail plea. In case due to
unavailability of the cincerned judge due to leave or transfer, the burden is on the prosecution to bring into
the notice of the concerned judge of the rejection of bail plea when he was available which was
enumerated in the judgement of Jagmohan Bahl v. State (NCT of Delhi)
15 th July, 2022
19 th July, 2022 Was given a list of cases pertaining to pension provision and was asked to prepare case
briefs. I helped another associate for drafting a consumer complaint relating to fraud committed by a
contruction company which had duped money from them. After acquiring money from several clients
making false assurances, he had disappeared. The associate asked me to draft a legal notice for the same
along with told me to work on drafting a consumer complaint. I noted down the basic documents such as
details of photocopies of memorandum of understnading, payement receipts, cheque numbers, brochure of
the company, FIR filed by other clients, which were to be annexed with the consumer complaint. I also
took note of the email correspondence that were made between client and the company that could help
establishing how the company made false assurances to dupe the clients. I learn how the case file is
prepared along with attaching several exhibits to it. Also learnt that things like correspondence or court
records have to be in reverse chronological order. 20 th July, 2022 This day I accompanied the clerk of the
office to the filling counter for filling of a matter at the High Court, Cuttack. The files were tied properly
and the clerk made sure that the things were in order along with two copies of the index of the paperbook. I
was told that in every case, the interlocutary application, miscellaneous application or other documents
were to be presented by the party in person or by duly authrised advocate at the filling counter during
working hours. The assistant at the filling counter identifies the person filling case on production of ID
card of advocate authorized on that behalf or the clerk and then the complete description is entered in the
computer. After this it is checked that the vakalatnama and affidavit are attached, duly signed and executed
or not. In case of any defect, the scrutiny assistant identifies the defect and notifies to remove the defect
within a period of twenty eight days in aggregate. However the awareness was quite low since everyone
was clueless about the procedural formalities. 21 st July, 2022 I was asked to read up an explain Order 21
of CPC, rules 54, 58 and 59. Order 21 dealt with the execution of decrees passed by the court from lower
lever to the top. Further rule 54 dealt with attaching immovable property and that the attachement shall be
made by order prohibiting the judgement debtor from transferring or charging the property in any way and
all persons from taking any benefit from such transfer or charge. Rule 58 further states about the
provisions related to adjudication of claims or objection to attachment of property. Apart from this, I was
also asked to submit a writeup on res judicata explaining the concept and its objective. Res judicata is
basically embodied in Section 11 of CPC that states to establish that a matter once adjudicated, shall not be
readjudicated with the objective to prevent parties from filling same suit under same issue with the
intention to harass the reputation of the opposite party and to claim compensation twice. 22 nd July, 2022
Accompanied the associate and attended an in-chamber hearing with Hon’ble Justice Subhasish Talapatra
regarding a divorce matter. The judge basically, addressed the the issues of both husband and the wife
along with how this has affected their 10 year old kid and advised for a settment period of 90 days.
However the couple were adamant and were insisted by the judge. After the in- chamber hearing was over,
the asscoiate, the husband & wife and the advocate of the opposite party discussed everything regarding
how to make arrangement, where the wife insisted of bringing her parents with her and told her husband to
search for a 4BHK house which could acomadate them, their kid and both of their parents. To which the
respective advocate explained regarding not to include parents in this matter and this being a time given for
settlement, they should give time to each other and their kid.
There was a project dipsute between Indian National Trust of Art and Heritage (INTACH) and Odisha
Mining Corporation (OMC). The client had mailed me and sir about the series of incidents that hapenned
for which I was supposed to read them and submit and explain about the matter that hapenned.
Additionally, I was assigned to prepare a draft pertaining to a matter of dishonour of cheque. I asked the
clerk for a format. Prepared the draft under section 138 of Negotiable Instruments Act for recovery of sum.
The format included the court wherein the suit had to be filed, the complaint number, parties involved,
Police station where FIR was filed, heading under violation of section i section 138 of NI act, the subject
matter and ended with prayer. The matter was relating to committing a fraud by an advocate to lady senior
citizen. The lady being illeterate was duped by the advocate who took her signatures on blank set of papers
and later formulated documents of sale deed of her property. Sir was handling the situation calmy,
however the lady did break down a few times while describing the issue. I took a note of the coversation
and was asked to give it to one of the associates who will be handling the case further. 28 th July, 2022 I
was assigned to draft an application of anticipatory bail under section 438 of CrPC. The said case pertained
to a situation where the applicant apprehended an arrest. The facts being that the applicant was married to
his wife for a period of three years and then even had a child who was 18 months old. However a few
months back he found out about his wife’s affair with one of her office colleagues. After this shattering
movement for the husband, the applicant did put efforts to compromise to start living normal life and was
ready to forgive his wife for the sake of their child, however, she was adamant to stop the illicit afair and
even refused to seek for mutual divorce, the husbanding being financially very well. Recently, the wife
used to blackmail him and use her money and property with her friends and colleguaes by threatening him
of filling a fake case against him under 498A of IPC to falsely implicate him of offence if he denies to
oblige to her demands. I drafted the same and submited to sir.