LEGAL DRAFTS

Research paper submitted to Maharashtra National Law University Mumbai

In fulfilment of the requirement of Internal Evaluation for Drafting, Pleadings and Conveyance

FINAL DRAFT

SUBMITTED BY:

NAME- ATHARVA NIKAM

ENROLMENT NO.- 2019 056 (SECTION – A)

SUPERVISED BY:

DR. MUHAMMED KHAN

B.A. LL.B. (HONS.), FOURTH YEAR, EIGHTH SEMESTER

 INDEX

MUTUAL CONSENT DIVORCE PETITION …………………………………………………… 3

APPLICATION FOR BAIL …………………………………………………………………… 8

LEGAL NOTICE……………………………………………...……………………………... 11

WRIT PETITION FOR QUO WARRANTO ……………………………………………………. 18

CONSENT AFFIDAVIT……………………………………………………………………… 25
MUTUAL PETITION DRAFT
 MUTUAL CONSENT DIVORCE PETITION FORMAT

UNDER SECTION 13(1)(B) OF HINDU MARRIAGE ACT 1955

DRAFT FORMAT OF THE MUTUAL DIVORCE PETITION

BEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT

NAGPUR

HMA PETITION No. 420 OF 2021

IN THE MATTER OF:

Robbie Joseph. R/o 56, London Street, Nagpur , 4440027 : Petitioner No.1

(AND)

Saloni Sharma. R/o 20, HB Estate, Sonegaon, 440027 : Petitioner No.2

PETITION UNDER SECTION 13 (1) (i-b) OF THE HINDU MARRIAGE ACT FOR
DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT

MOST RESPECTFULLY SHOWETH:-

1. That The marriage between the parties was solemnized on Nagpur at 14/11/20, by Hindu rites
and ceremonies. The said marriage was consummated thereafter and the parties co-habited as
husband and wife at the matrimonial home i.e. 701 -A Shivpriya Towers, Jaitala, Nagpur
440027. The particulars showing the details of the parties to the present petition is given
hereunder:-
HUSBAND

BEFORE MARRIAGE.

Age:- 23

Address:-56, London Street Nagpur , 4440027

Status:- Unmarried

AFTER MARRIAGE

Age :- 24

Address :- 701 -A Shivpriya Towers

Status:- Married

WIFE
MARRIAGE
BEFORE

Age:- 25

Address:- 20, HB Estate Sonegaon

Status:- Unmarried

AFTER MARRIAGE
Age:- 26
Address:- 701 -A Shivpriya Towers
Status:- Married

2. That there is one boy named Arjun Date of Birth 12/01/21 age 1 out of the wedlock of the parties.
The parties mutually agreed to give custody of the child to Husband / Wife.
3. That the parties could not adjust with each other due to temperamental differences and their
marriage has broken down irretrievably and it is now not possible between the parties live as
husband and wife any more.

4. That all the efforts of reconciliation between the parties to continue the present marriage has
failed and there are no further chances of reconciliation between the parties any more.

5. That the parties are residing separately since 23/06/22 and there is no cohabitation between the
parties since then.

6. That the parties have now decided to dissolve the marriage legally through a decree of divorce
on mutual consent. The parties have settled all their claims, counter claims etc. and the
respondent wife has received her entire Stridhan, Permanent alimony, maintenance etc. and there
is no due with regard to any other claim between the parties now.

7. That the party has decided to withdraw all the complaints, counter complaints against each other.

8. That the present petition is not being filed in collusion.

9. That there are no other divorce proceedings pending before another court.

10. That the matrimonial home of the parties was at 701 -A Shivpriya Towers, Jaitala, Nagpur
440027 hence this court has the jurisdiction to grant the decree of divorce as prayed for.

11. That there are no legal impediments in grant of the decree of divorce to the parties on the basis
of mutual consent.
 PRAYER

It is most respectfully prayed that the court may accept the present petition and grant a decree of
divorce between the parties thereby, dissolving the marriage between the parties.
Any other order which the court may deem fit and proper in the facts and circumstances of the
present case be also passed in favour of the petitioners.

Petitioner No.1 Robbie Joseph

Petitioner No.2 Saloni Sharma

Note:

Mutual consent Divorce Petition draft should be annexed with the following documents:

1. Affidavit of both the parties.

2. Joint photographs of parties at the time of marriage

3. Proof of residence of both the parties

4. Proof of identity of both the parties

APPLICATION OF BAIL UNDER SECTION 436 OF CODE OF CRIMINAL
PROCEDURE
 IN THE COURT OF THE HON’BLE SMALL
CAUSES COURT, AT BANGALORE (MAYO HALL)

C.C. NO. 43/2020

Between

M/s Noah Schnap Prime Ltd ….. Complainant

And
Surendra Nagresan ….. Accused

APPLICATION UNDER SECTION 436 OF CODE OF CRIMINAL

PROCEDURE

The above named accused begs to submit as follows:

1. It is submitted that the complaint has registered the case against the accused for alleged
offence punishable under section 200 and section 138 of N.I. Act.

2. It is submitted that the above-named accused is innocent of the alleged offences and
allegations made by the complainant are absolutely false, frivolous and concocted stories.

3. It is submitted that the above said offence is not punishable for life or death imprisonment,
and the offences are bailable in nature. It is further submitted that the above-named accused
is innocent of the alleged offences; allegation made by the complainant is absolutely false and
frivolous.

4. It is submitted that the above-named accused is a permanent resident of the above said address
stated in the cause title and he is ready to furnish cash surety to the satisfaction of this Hon’ble
court.
 5. It is submitted that the above-named accused will abide by any conditions of this Hon’ble
court.

WHEREFORE, the above named accused most humbly prays that this Hon’ble court may be
pleased to enlarge the accused on bail, in the interest of justice and equity.

PLACE: BANGALORE DATE: 12.07.2022 ADVOCATE FOR ACCUSED

(Atharva Nikam)
LEGAL NOTICE
 By SPEED POST/COURIER

Monday, September 29, 2021

To,

1. M/S. PRJ ENTERPRISERS LTD

Authorized Dealer: Bajaj Auto Ltd
Regd. Office & Showroom
80, Patpar Ganj, Industrial Area Delhi-110092

2. Mr. R.K.Jain
Director
M/S. PRJ ENTERPRISERS LTD
Authorized Dealer: Bajaj auto Ltd Regd. Office & Showroom
80, Patpar Ganj, Industrial Area Delhi-110092

REGARDING:

LEGAL DEMAND NOTICE FOR RECOVERY OF Rs. 5,70,000/- AGAINST THE

INVESTMENT MADE FOR PURCHASE OF THE VEHICLE AND SUPPLIED UNDER THE
AGREEMENT DATED 04.08.2009 ALONG WITH FURTHER INTEREST @ 24% PER
ANNUM FROM THE DATE OF AGREEMENT TILL DATE OF PAYMENT AND OTHER
LEGAL EXPENSES.

MY CLIENT:

MR. NAGA REDDY SON OF ANNA REDDY RESIDENT OF 1, NEHRU COLONY,

VISHWAKARMA NAGAR, DELHI-110091
Dear Sir,

We act for, and on behalf of, my above-named Client, and are under instructions to serve upon you,
the abovenamed Addressee, notice to the following effect, which we hereby do by way of this notice:

I. That my client, Mr. Naga Reddy son of Anna Reddy Resident of 1, Nehru Colony,
Vishwakarma Nagar, Delhi-110092 and is having his own business of printing presss. My
client is a reputed person and has an established presence in the said business for the past
many years.

II. The Addressee no 2 represented to be the director/partner of PRJ ENTERPRISERS LTD

Authorized Dealer of Bajaj Auto Ltd is engaged, inter- alia, in the business of trading and
sale of Bajaj Auto Three Wheeler having its Regd. Office & Showroom 80, Patpar Ganj, and
Industrial Area Delhi-110092.

III. That you the Addressees further represented to my client, that you have entered into contract
with the Municipal Corporation of Delhi and is in need of certain BAJAJ AUTO Tippers to
cater to the need of the Municipal Corporation of Delhi and also for the purposes of fulfilling
its contractual obligations requires more public participation by way private investment.

IV. That for the effective implementation and fulfillment of the above alleged contract so entered
by you with the Municipal Corporation of Delhi, you Addressees approached my client and
impressed upon him to invest and earn higher returns. You addressees further assured my
client that his investment will be kept secured, harmless. He will be also compensated and
reimbursed for his capital investment.

V. That because of the various assertions and representations made regarding the business
opportunity offered by an association with the Addressee my Client was sufficiently
impressed with the assertions and representations made by you, the Addressee, agreed to enter
into a business relationship with you, the Addressee.

VI. That you the addressees entered into an agreement dated 04.08.2009 with my client detailing
the terms and conditions of execution of the investment and mode of payment thereto.
VII. That in terms of the agreement so executed my client was required to make an investment of
Rs. 3,60,000/- (Three Lakhs Sixty Thousand Only) the cost of the Vehicle a Bajaj Pick Up
Van in the following terms,

Para 3. That the party of the second part has been apprised that amount of investment in providing
one vehicle as per required specification shall be Rs 3, 60,000/- and the said cost finds concurrence
and consent of the Second Party

Para 4. That in principal the present contract between the parties is that the Second Party shall
invest Rs. 3, 60,000/- and procure a vehicle. The said vehicle shall be delivered for being deployed
to user at the option in the manner and for the project by the First Party itself for which the Second
Party shall get a fixed return from the First Party.

Para 6. That the Second Party shall be getting each month a fixed return on the investment so
made, as aforesaid, and the said fixed shall be Rs. 14,000/- per month for full month operation
from the date of starting of hiring by the MCD.

VIII. That out of the money invested by my client you addressees purchased a vehicle i.e. BAJAJ
PICK UP VAN from your own showroom and got it registered in my client’s name vide
Registration No. DL1LL-5540. The possession of the said always vehicle remained with you,
and in terms of Para 4 of the agreement.

IX. That latter on you addressee informed my client, his vehicle was deployed for the purposes of
fulfilling the contractual obligation that you addressees had entered with the MCD. You
further assured client you will start paying him monthly fixed income of Rs. 14,000/- as per
the clause 6 of the agreement.

X. That that it is pertinent to mention here that initially you addresses had paid some payments
towards the fixed monthly returns to client but 09.10.2010 you have stopped making any
payment to my client. All the cheques given by you were also returned dishonoured due to
insufficient funds.

XI. That you addressees are liable to pay, my client is entitled to recover followings amount
 1. Total Arrears of Fixed
Returns from 20.10.2010:
15X14, 000 = 2, 10,000/-

2. Principal Amount 3,60,000/-

Total Amount: 5, 70,000/-

Hence you are liable to pay the above said amount of Rs. 5, 70,000/- alongwith interest @ 24% p.a.
from the date of due till actual realization of the said sum as is generally and customarily prevailing
in the trade usages.

XII. Despite specific understanding and agreement, there was considerable delay on your part in
making payment in respect of various demand made by my Client. Even after the acceptance
of such delayed payment by my Client, there was continuous default on your part in timely
payment towards the dues. You, the Addressee, promised to make the payment of stipulated
interest on delayed payments but never kept its promise. Constrained by such attitude my
client decided to end business relation with you and demanded back his money and asked you
to return his vehicle.

XIII. However, you the addressee assured my client to keep the vehicle with you, by giving solemn
undertaking that there shall not be any delay in payment in future, not even for a single day
over the due date. But to utter dismay of my client, has and received a single penny since
09.10.2010 and his dues again fell in arrears as the same was not made by you the addressee
on or before 20th of day of each calendar month as per agreed terms.

XIV. When you the addressee were contacted by my client in this respect, you started avoiding my
client and stopped picking their calls. My client was constrained to issue you various
reminders which remained unanswered for the reasons best known to you. My client paid
several visits at your office but you started avoiding them and resorted to implausible excuses
to avoid and delay the payment. On several occasions you sought grace of one or two days to
clear the outstanding, but that turned out to be mere delay tactics as the payment was not
forthcoming and you continued to remain in belligerent default.
 XV. From the aforesaid conduct of yours it appears that all your promises/representations were
mere ruse to make my client believe about your alleged honesty and thereby depart with the
valuable money without there being any intention on your part to make the payment against
the same as has been specifically agreed by you. You, the Addressee have fraudulently and
dishonestly induced my Client by giving a false impression of your genuineness, to enter into
the aforesaid understanding and investment of money, causing thereby a wrongful loss to my
client and wrongful gain to yourself.

XVI. All these defaults and acts on the part of you, the Addressee, calls for a penal action for the
offence of cheating under Section 417, 418, 420, 422 of the Indian Penal Code, 1860 besides
action under the relevant provisions of Civil Law.

XVII. In view of the above mentioned facts and circumstances, under instructions of and on behalf
of my Client, you, the Addressee, are called upon to make a payment of Rs. 2, 10,000/- (Two
Lakhs Ten Thousand only) against the Fixed Monthly Return and the Principal investment
amount of Rs. 3,60,000/- (Three Lakhs Sixty Thousand Only) under the agreement dated
04.08.2009 alongwith interest @ 24% per annum for delayed payment from the date of
agreement till the date of actual payment, immediately within a period of 3 (Three) days from
the date of receipt of this notice.

XVIII. That you are further called upon to release to client his vehicle BAJAJ AUTO PICK UP
VAN R. C. No. DL1LL-5540 forthwith which is in your lying under your possession.

XIX. You, the addressee are also called upon to pay a further sum of Rs. 21,000/- (Twenty One
Thousand only) towards the cost of this legal Notice and other misc. legal expenses over and
above the demand made in Para 16 of this notice.

XX. Take further notice that in case the above stated payment is not made within 3(Three) days
from the date of receipt of this notice and in any case by 26th Day February of, 2012, then we
have clear and specific instructions to pursue all or any available legal remedy in the nature
of criminal and/or civil proceedings on behalf of my aforesaid client, without any further
reference to you. Needless to mention that the same shall be at your risk, cost and
consequences.
XXI. It is my sincere hope that better sense would prevail on you, the Addressee, and the matter
would be resolved amicably without any avoidable unpleasantness.

XXII. We are also instructed to further inform you that the action initiated by my Client in this regard
would be without prejudice to any other cause of action which may have accrued, or may in
future accrue, to my Client against you, the Addressee.

Yours sincerely,
Prince Joseph,
Advocate.
Enrl. No. D-90/2000
WRIT OF QUO WARRANTO
 IN THE HIGH COURT OF DELHI

(CIVIL ORIGINAL JURISDICTION)

WRIT PETITION (CRL.) NO. 35 OF 2012

(Under Article 226 of the Constitution of India)

IN THE MATTER OF:

Rohit Tripathi …Petitioner

Versus

1. State of NCT ( New Delhi)

2. Election Commission

3. Secretary of Delhi Government

4. MLA Arun Kumar of South Delhi …. Respondents

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION FOR

ISSUANCE OF WRIT OF QUO WARRANTO,

To:

The Hon’ble the Chief Justice of India and the Hon’ble Companion

Judges of the Supreme Court of India

THE HUMBLE PETITION OF THE PETITIONER ABOVE

NAMED MOST REPECTFULLY SHOWETH:

I. The present petition is the Quo-Warranto petition filed by the former MLA of South Delhi
Mr. Rohit Tripathi seeking to know on what basis Mr. Arun Kumar is appointed as the MLA
 as he did not comply with the criteria for selection of MLA’S, So the petition is filed under
Art.226 of the Constitution of India.

II. On dated 07.05.2017 the petition is filed in the Hon’ble High Court of Delhi to the
Respondents, who dealt with the Election of the present MLA Election held for South Delhi.

III. That the MR. Arun Kumar s/o Lal Kumar, R/o Krishnapuri, South Delhi was born on
02.02.1993.

IV. On dated 21.03.2017 That Mr. Arun Kumar has been elected as a MLA, and also had taken
the oath.

V. The petitioner has also submitted that Mr. Arun Kumar holds the Dual Citizenship
Certificate and according to the Art. 173 of Indian Constitution a person who holds the dual
citizenship is not eligible for the Election for member of legislative assembly.

VI. That the writ petition seeks to call upon all the 4 Respondents – State of NCT (New Delhi)
Election Commissioner, Secretary of Delhi Government and MLA Mr. Arun Kumar of
South Delhi.

VII. That Mr. Arun Kumar was also involved in 3 murder cases for which Mr. Arun Kumar is
imprisoned for nearly 3 year in 2012. And somehow this news is hidden from the filing for
nomination to contest in elections.

VIII. That the eligibility criteria for becoming MLA are of minimum age of 25 years but the
appointed MLA; Mr Arun Kumar is of 23 years and 156 days old.

IX. That on dated 03.04.2017, the Right to Information is filed to Government to Delhi to take
action against Mr. Arun Kumar who is elected as MLA of South Delhi.

X. That on dated 04.05.2017, the Secretary of Delhi Government replied to the petitioner that
the Government is not answerable to his questions.

XI. That this writ petition basically challenges the appointment of respondent no. 4 seeking the
writ of Quo Warranto on the ground that his appointment is in teeth of the provisions
contained in 173 of the Indian constitution and also ultra-vires the guidelines for the
appointment of MLA.
 GROUNDS

i Because the respondent no. 4 was not qualifying the eligibility criteria for the appointment
of MLA as Mr. Arun Kumar is holding dual citizenship which is a disqualification for the
appointment of becoming member of legislative assembly under article 173 of the
constitution of India and hence it is a serious violation of the constitution of India.

ii Because the violation of constitution is incurred as the appointed MLA Mr. Arun Kumar
under Article 84(b) and 173(b) of the constitution of India read with section 36(2) of R.P
act, 1951.

iii Because the respondent no. 4 was convicted for imprisonment for the term of 3 years and as
per section 8(3) of R.P act 1951 if a person is convicted of any offence and sentenced to an
imprisonment of 2 years and more, this will be disqualification to contest election.

iv Because the respondent had intentionally submitted the affidavit which was not true as he
had not mention his criminal records under section 33A of R.P act 2002(amended) by way
of furnishing information relating to his criminal records if any.

v Because article 192(1) of the constitution of India provides the rights to every citizen to raise
the question against the election of member of legislative that on what ground he has been
elected.

vi That the petitioner has not filed any other similar petition before this Hon’ble court or before
Hon’ble Supreme Court of India or any other Hon’ble court seeking similar relief.
 PRAYER

In light of the facts and circumstances of this case, the Petitioners pray before this Hon’ble Court
as under:

For a writ of Quo Warranto directing the Election commission of India for disqualifying
the election and appointment of MLA Mr. Arun Kumar on the Grounds of not complying
with the qualification for the appointment of member of legislative assembly.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN DUTY BOUND SHALL
EVER BE GRATEFUL

Drawn By: Advocate Naga Reddy

Filed on: 01/01/12

 IN THE HIGH COURT OF DELHI

(CIVIL ORIGINAL JURISDICTION)

WRIT PETITION (CRL.) NO. 35 OF 2012

(Under Article 226 of the Constitution of India)

IN THE MATTER OF:

Rohit Tripathi …Petitioner

Versus

1. State of NCT ( New Delhi)

2. Election Commission

3. Secretary of Delhi Government

4. MLA Arun Kumar of South Delhi …. Respondent

AFFIDAVIT

I Rohit Tripathi, S/o Krishan Tripathi, aged about 69 years, resident of House No. 75, Police
Colony, Shalimar Bagh Delhi- 110088, do hereby solemnly affirm and swear as under:

i. That I am the Petitioner in the above-mentioned case and well conversant with the facts
and circumstance of the case and hence competent to swear this Affidavit.

ii. That the accompanying petition under article 226 of the constitution of India has been
drafted by my council under my instructions and I affirm an oath that the facts contained
in the said petition have been read over before me in my vernacular language and
understood by me and I further affirm that the same are true and correct to my
knowledge.

iii. All the annexure of the Petition are the true copy of its original.
iv. That the petitioner has not filed any other similar petition before this Hon’ble Court or
before Hon’ble Supreme Court of India or any other Hon’ble Court seeking similar
relief.

DEPONENT

VERIFICATION

Verified at New Delhi on the 16th day of November of 2017, that the contents of
the above Affidavit are true and correct to my knowledge, that no part of it is
false and that nothing material has been conceived there from.

DEPONENT
CONSENT AFFIDAVIT
 BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH, AT DELHI
COMPANY SCHEME APPLICATION NO. ___ OF 2023

In the matter of the Companies Act, 2013

AND

In the matter of Scheme of Arrangement between Ashish Land & Property Developers Private
Limited (‘ALPDPL’ or the ‘Demerged Company 1’) and Gazillion Realty Private Limited (‘GRPL’
or the ‘Resulting Company 1’) and Kanakia Gruhnirman Private Limited (‘KGPL’ or the ‘Demerged
Company 2’) and Marquant Constructions Private Limited (‘MCPL’ or the ‘Resulting Company 2’)
and Periwinkle Constructions Private Limited (‘PCPL’ or the ‘Demerged Company 3’) and Tierra
Constructions Private Limited (‘TCPL’ or the ‘Resulting Company 3’) and their respective
shareholders

AND

In the matter of Sections 230 to 232 of the Companies Act, 2013 and other applicable provisions of
the Companies Act, 2013
 CONSENT AFFIDAVIT

I, Rupal Kanakia, daughter of ---------, aged about ---------, an Indian Inhabitant, having my residence
at ---------- , do hereby solemnly affirm and state as under:

I. I am the Trustee of Kanakia Education Trust and duly authorized vide Resolution passed on -
---------- day of ------------, to file this affidavit on their behalf. The said resolution is enclosed
herewith as ‘Annexure A’.

II. I state that Kanakia Education Trust is the Equity Shareholder holding 9,800 (98%) Equity
Shares of INR 10/- each, fully paid up of Tierra Constructions Private Limited.

III. I state that we have received the copy of the proposed Scheme of Arrangement between
Ashish Land & Property Developers Private Limited and Gazillion Realty Private Limited
and Kanakia Gruhnirman Private Limited and Marquant Constructions Private Limited and
Periwinkle Constructions Private Limited and Tierra Constructions Private Limited and their
respective shareholders (‘Scheme’).

IV. I further state that we have perused the said Scheme and hereby give our consent for the
proposed Scheme for dispensing with the convening of meeting of Equity Shareholders of
Tierra Constructions Private Limited by the National Company Law Tribunal, Delhi Bench
under Section 230 – 232 of the Companies Act, 2013 for the purpose of approving the said
Scheme.

V. Kindly treat this affidavit as our consent and agreement to the Scheme

Solemnly affirmed at Delhi

Date
 VERIFICATION

Verified at Delhi on this ----------- day of ------------, 2023, that the contents of the above affidavit are
true and correct to my knowledge and no material fact has been concealed.

DEPONENT