Mumbai University

3 Years LLB- Semester IV (April 2023),

Drafting Pleading & Conveyancing (DPC-II)
Questions & Answers complied by RK

Q1) What is Sale Deed?

Ans) Sale deed is a legal document describing the transfer of right,
title and ownership of property by a seller to a purchaser at a price
fully paid or to be paid in instalments at a future date.

Q2) What is the importance of sale deed?

Ans) Once the process of executing the sale deed is completed, the
ownership in the property gets transferred to the buyer. The buyer
gets absolute right over the property, and he gets the title of
ownership. It is a binding contract that is enforceable in a court of
law.

Q3) What is Franshise Agreement?

➢ Franchising is the practice where the business owner of an
enterprise or company (franchisor) consents to another individual
(franchisee) carrying out their own business under the title/brand name
of the franchisor.
➢ In such a relationship, the franchisor offers their tools of
business, technical know-how, intellectual property, and training to the
franchisee. The franchisee applies the above and aims to profit both
the franchisor and the franchisee.
➢ A Franchise Agreement is a legally binding agreement in which a
well-known and established business (franchisor) grants right to provide
its operational model, brand, and necessary support to the other party
(franchisee) to run a similar business in exchange for a fee and share
in the income generated. Such agreement provides the terms and
conditions of the franchisor for a franchisee. Every franchise is
governed by these terms, which are generally a written agreement
between both parties.

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Q4) What is the purpose of indemnity bond?
➢ An indemnity bond is a legal document containing certain contractual
obligations. It ensures an individual will not suffer in the event of
any loss or damage caused by another.
➢ Thus, the main purpose of indemnity bond is to protect the indemnity
holder (person receiving the indemnity) from any loss caused or
damage suffered as a result of specific event. The person who
provides indemnity is called indemnifier.

Q5) What are board minutes?

➢ Minutes are an official recording of the proceedings of a Board
Meeting or Annual General Meeting or any other meeting and the
business transacted at the Meeting.
➢ Minutes of meeting is an official record of the proceedings of a
meeting. Minutes help in understanding the deliberations and
decisions taken at the Meeting.
➢ Minutes kept in accordance with the provisions of the Companies Act
can serve as evidence in Court of Law.

Q6) What is the purpose of MoU?

➢ A Memorandum of Understanding (MoU) is described as “a written
statement expressing the initial agreement of parties who plan to
engage into a contract or some other agreement; a noncommittal
writing preliminary to a contract”
➢ MOUs are the best option when a transaction is in its early stages
and the parties just want to express their intentions in writing rather
than immediately create a legally enforceable contract.
➢ As a ‘negotiating starter’, it provides the parties more time to fully
comprehend all of one another’s terms and conditions.

Q7) What is board resolution?

➢ A board resolution is a record of decisions made by the Board of
Directors during a board meeting.
➢ It is a formal document that identifies the roles of all corporate
officers and their votes over a particular decision concerning the
welfare of a company.
➢ It is used to pen down every minute detail of the board meeting.
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➢ It is usually certified by the appointed chairperson and duly signed
by all board members present at the meeting.
➢ It is maintained along with the Board meeting minutes and is a legally
binding decision of every corporate.

Q8) What is mortgage?

➢ When property, land or any other commodity is used as collateral to
borrow money or to take a loan from a lender, it is known as
Mortgage.
➢ As per Section 58 of ToPA, A mortgage is the transfer of an interest
in specific immoveable property for the purpose of securing the
payment of money advanced or to be advanced by way of loan, an
existing or future debt, or the performance of an engagement which
may give rise to a pecuniary liability.
➢ A mortgage is a legal instrument of the common law which is used to
create a security interest in real property held by a lender as a
security for a debt, usually a mortgage loan.

Q9) Is it optional or mandatory under S. 17 (D) of the Registration

Act, 1908 to register a lease deed?
➢ Leases of immovable property from year to year or for any period
exceeding one year or reserving a yearly rent, can be created, under
section 107 of the Transfer of Property Act, only by a registered
instrument.
➢ Section 17(1)(d) of the Registratio'n Act requires that leases of
immovable property from year to year or for any term exceeding
one year or reserving a yearly rent should be registered.
➢ Provided that the State Government may, by order published in
the Official Gazette, exempt from the operation of this sub-section
any lease executed in any district, the terms granted by which do
not exceed five years and the annual rents reserved by which do not
exceed fifty rupees.

Q10) What are the benefits of registering a document?

➢ Registration is the process of recording a document with a recognized
officer and to safeguard its original copies.

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➢ Registration of a document gives a more transparent deal. Even if a
registered document is lost or damaged, the registration records
prove the authenticity of the document.
➢ Easy access also helps in finding the owner who has the title and
right to the property and whether there is any case against him or
an existing liability before someone decides to buy it. Registration
also prevents forgeries or fraud in transactions specifically in tax,
stamp duty etc.

Q11) What is the other name for a Proprietary information agreement

in business?
➢ Proprietary information, also known as a trade secret, is information
a company wishes to keep confidential. Proprietary information can
include secret formulas, processes, and methods used in production.
➢ A proprietary information agreement is a legally
binding contract that ensures a party will not share or disclose
confidential company information.
➢ It is also known as “Non Disclosure Agreement” or “Confidentiality”
Agreement.
Q12) What is the significance of a partnership deed?
➢ Partnership deed is an agreement between the partners of the firm
which outlines the terms and conditions of the partnership between
the partners.
➢ The purpose of a partnership deed is to provide clear understanding
of the roles of each partner, which ensures smooth running of the
operations of the firm.
➢ A well-drafted deed controls and monitors the rights,
responsibilities and liabilities of all the partners. It avoids dispute
between the partners. It avoids confusion on profit and loss
distribution ratio among the partners. Individual partner’s
responsibilities are mentioned clearly. Partnership deed also defines
a remuneration or salary of the partners and working partners.
However, interest is paid to each partner who has invested capital
in the business.

Q13) What is the document called, which is the base document on which
later on the sale deed is drafted?

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➢ The sale deed agreement or “Agreement to Sale” is the base
document upon which the sale deed is drafted. It does not involve
an immediate transfer of ownership and the buyer has no right and
interest in the property upon the execution of the sale deed
agreement.

Q14) What is conditional deed?

➢ A conditional deed is a financing arrangement where a buyer takes
possession of an asset, but its title and right of repossession remain
with the seller until the purchase price is paid in full.
➢ The buyer can take possession of the property as soon as the
agreement is executed, but does not own the property until they
have fully paid for it, which is usually done in installments. If the
buyer defaults on its payments, the seller will repossess the item.
➢ In other words, a conditional deed is the agreement which is
enforceable only on complying of the conditions mentioned in the
agreement.

Q15) What is recital in agreement? State any two types of recitals?

➢ A recital provides the reader with a general idea about the purpose
of the contract, the parties involved, and why they are signing it.
Recitals can be considered as the preamble to the contract. They
can be placed as the first paragraph of the contract to reference
information and state that it is true and correct.
➢ Name Clause. This gives the details of the parties to the
agreement/contract.
➢ Purpose Clause: This gives the basic purpose for which the agreement
is executed.

Q16) What is winding up petition?

➢ Winding up petition in layman terms can be understood as a petition
to wind up a company i.e. the procedure established by law to close
a company.
➢ It is a process by which the life of a company is brought to an end.
At the time of winding up a company all the assets and liabilities of
a company are realised that means all the assets are sold and the
debts are cleared.

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➢ According to Clause (94-A) of Section 2 of the Companies Act,
2013., “Winding Up” means winding up under Company Act or
liquidation under the Insolvency and Bankruptcy Code, 2016, as
applicable.
➢ As per section, 271 of Company Act, a petition for winding up can
be filed when the company is unable to pay its debts; if company
becomes sick; if there is default in filing of requisite documents with
RoC; if it conduct the business in fraudulent manner; if the company
has acted against the integrity; sovereignty or security of India.
➢ Winding up petition can be filed by creditor; the company itself; any
stakeholder, registrar; or official of central/ state government.

Q17) What is chamber summons?

➢ A chamber summons may be defined as a document issued by the
court summoning a person to appear before it for the purpose of
hearing an application lodged by another party.
➢ In other words, chamber summons refers to the legal document which
is primarily used to initiate civil applications.
➢ While a normal civil suit is initiated by plaint, in most cases, a civil
application is initiated by a chamber summons supported by an
affidavit.

Q18) What are different types of Writ petitions?

➢ The five type of writs in Article 32 are Habeas Corpus, Mandamus,
Prohibition, Certiorari and Quo Warranto.

Q19) What do you mean by consumer complaint?

A consumer complaint means a complaint/allegation in writing filed
before a consumer forum/consumer court against seller of
goods/supplier of service under circumstances when:
(ii) Goods bought by him suffer from one or more defects.
(iii) Services hired or availed of suffer from any deficiency in that
respect.
(iv) Trader has charged a price in excess of the price fixed by law or
displayed on the goods or package.
(v) Goods are hazardous to life and property.

Q20) What is a complaint for dishonour of cheque?

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➢ Cheque bounce or dishonor of cheque is a criminal offence punishable
under section 138, Negotiable Instruments Act.
➢ If a cheque is bounced due to insufficiency of funds, account closed,
etc, payee can issue a legal notice demanding the amount from the
drawer.
➢ If the drawer pays the cheque's balance within 15 days of the day
they received the notice, they have not broken any laws.
➢ If not, the payee has one month from the day the notice's 15-day
deadline expired to file a complaint in the jurisdictional magistrate's
court.
Q22) Explain the art of Drafting? How drafting well an essential skill
in lawyers’ life?
➢ Drafting, in legal sense, means an act of preparing the Legal
Documents like agreements, contracts, deeds, etc.
➢ Legal drafting is essential skill for successful lawyer important as it
ensures that the legal document is structured properly. A concisely
drafted document clearly expresses its purpose and applicability.
Drafting skills embrace not only the ability to produce crisp
documents but also to acquaint a layman with the intention of the
legal document

Q23) What is summary suit? In which act one finds provisions relating
to summary suit?
➢ Order 37 of the Code of Civil Procedure, 1908, provides for a
summary suit or summary procedure for negotiable instruments.
➢ A summary suit is a special and fast way of exercising a claim in an
efficient way because, in this procedure, judges pronounce decisions
without listening to the defence.
➢ Though this appears to be a violation of the basic principle of natural
justice, ‘audi alteram partem’, that no one should be convicted
without a hearing, this method is only applied in circumstances in
which the defendant has no defense.

Q24) What is legal notice for recovery of money for goods supplied?
➢ A legal notice for recovery of money for goods supply is generally a
formal communication and a sort of deterrence between one
party(plaintiff or supplier) warning the other(defendant or

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 purchaser) before proceeding with any legal action in order to receive
the amount due under the transaction of supply of goods.

Q25) What are the provisions of section 25 of Registration Act, 1902.

➢ Section 25 of Registration Act 1908 deals with delay in registration
of documents.
➢ It states that, if owing to urgent necessity or unavoidable accident,
any document executed, or copy of a decree or order made, in India
is not presented for registration within the time limit as mentioned
in the Act in that behalf, the Registrar, in cases where the delay
in presentation does not exceed four months, may direct that, on
payment of a fine not exceeding ten times the amount of the proper
registration-fee, such document shall be accepted for registration.
➢ Any application for such direction may be lodged with a Sub-
Registrar, who shall forthwith forward it to the Registrar to whom
he is subordinate.

Q26) What is sale deed and exchange deed? What is the main
difference between the two?
➢ As per section 54 and section 118 of the transfer of property act
1882
➢ Sale is a transfer of ownership in exchange for price paid or
promised or part-paid and part promised. The agreement by which
the sale is effected is called sale deed.
➢ When two persons mutually transfer the ownership of one thing for
the ownership of another, neither things or both things being money
only, the transaction is called ‘an exchange. The agreement by which
the exchange is effected is called exchange deed.
➢ The consideration in case of sale deed is normally in cash or
equivalent. While consideration in case of exchange deed is another
commodity other than cash.

Q27) What is the difference in gift and will?

➢ A will is written while the testator is alive and takes effect after
his or her death. A gift under Section 122 of the Transfer of
Property Act is a transfer of asset/property made without
consideration by a donor (asset owner) of his own free will.

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➢ In contrast to a gift deed, which allows a receiver to become the
owner of a property during the transferor's lifetime, a Will allows
possession to be of the receiver only after the demise of the person
implementing the Will to transfer a property.

Q28) What is bail and types of bail?

➢ Section 2(a) of CrPC defines bailable offences as the offence that
has been shown in the First Schedule as bailable or which is made
bailable by any other law for the time being in force.
➢ The first schedule of the CrPC is divided into two parts wherein the
first part deals with the offences given under IPC and the second
part deals with the offences under other laws.
➢ As per the last item of the First Schedule, an offence in order to
be bailable would have to be an offence which is punishable with
imprisonment for less than three years or with fine only.
➢ Some of the common bailable offences are: Simple Hurt (Section
337; IPC), Bribery (Section 171E; IPC), Public Nuisance (Section
290; IPC), Death by Rash or Negligent Act (Section 304A; IPC).
➢ bail is a term which means release of a person arrested by furnishing
a security and with certain conditions such as not leaving the
jurisdiction.
➢ There are commonly three types of bail such as anticipatory bail,
interim bail and regular bail.

Q29) What is anticipatory bail?

➢ anticipatory bail is the bail which is taken even before arrest when
there is an apprehension of such arrest.
➢ Most of the times frivolous cases are filed against persons and
anticipatory bail can be taken as a recourse.
➢ Section 438 of crpc deals with anticipatory bail in detail.

Q30) What is legal notice and what are the types of legal notices?
➢ A legal notice is a formal written communication between the parties
where the sender notifies the recipient about his intention of
undertaking legal proceedings against the latter. It helps in making
the recipient party aware of the grievances of the sender.
➢ 4 types of public notices are (i) Public notice, (ii) Implied notice, (iii)
Actual notice, and (iv) Constructive notice.
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Q31) What is confidentiality agreement
➢ A confidentiality agreement is a contract between at least two
parties that describes information that the parties must share with
each other, but that they also need to prevent other parties from
accessing. It is also known as a nondisclosure agreement.
➢ The confidentiality clause/ agreement has a widespread application
in real life, and it’s used in every commercial dealing. Its use in a
variety of different contexts.
➢ When information is disclosed to a third party without the data
owner's consent it is called a breach of confidentiality. The data
owner is entitled to take legal action for the potential losses or
damages occurred as a result of such a breach of confidentiality.

Q32) What are the elements of breach of confidentiality?

➢ The key element of breach of confidentiality includes that the
recipient has misused the information/ data for the purpose other
than the reason it was disclosed. It has made the confidential
information public without any specific approval of the person whose
information is being shared.

Q 33) What is meaning of pleading?

➢ A pleading is a formal written statement of a party's claims or
defenses to another party's claims in a civil action.

Q34) What is drafting?

➢ Drafting may be defined as synthesis of law and facts in a language
form.
➢ The essence of drafting is, therefore, crystallization and expression
in definite form of legal rights, privileges, functions, duty or status.
Drafting, in legal sense, means an act of preparing the legal
documents like agreements, deeds etc.

*****

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 Practical Questions:

Q1) Draft a public notice to be published in the newspaper “Times of

India”
Ans)
Times of India
Public Notice
NOTICE is hereby given that Shri. Amit Kumar, son of Shri. Sumeet
Kumar resident, of ABC Building, Ghatkopar East, Mumbai 400 075 has
agreed to sell the property at Bunglow 1, Maneklal Estate, LBS road,
Ghatkopar East, Mumbai 400 087, Maharashtra to my client Shri.
Akshay Kumar vide Agreement dated March 25, 2023
All persons claiming an interest in the said property or any part thereof
by way of sale, gift, lease, inheritance, exchange, mortgage, charge,
lien, trust, possession, easement, attachment or otherwise howsoever
are hereby required to make the same known to the undersigned at his
office at ABC Building, Ghatkopar East, Mumbai 400 075
within 15 days from the date hereof, failing which the said sale will be
completed, without any reference to such claim and the same, if any,
shall be considered as waived.

Sd/-
Adv: Khanna & Associates
March 29, 2023

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Q2) Draft a public notice for loss of share certificate? Ans)
Public Notice
NOTICE is hereby given that the following Share Certificates issued
by ABC Limited are reported to have been lost or misplaced or stolen
and I, the registered holder thereof have applied to the company for
the issue of Duplicate Certificates.
Folio No. Certificate No. Distinctive No
From To
100001 523 001 005

The public is hereby warned against purchasing or dealing in any way,

with the above Share Certificates. Any person(s) who has/have any
claim(s) in respect of the said Share Certificates should lodge such
claim(s) with the Company at its registered office at the address M/s
ABC Limited, Phoenix Tower, Lower Parel, Mumbai 400 083 within 15
days of publication of this notice, after which no claim will be
entertained and the Company will proceed to issue duplicate Share
Certificates.

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Q3) Draft a mortgage deed between Mr. Nanda (Mortgagor) & Mrs.Rai
(Mortgagee) with schedule of property?
Ans)
MORTGAGE DEED
(On Stamp Paper of appropriate amount)

This Deed of Mortgage made at Mumbai this 31st day of March 2023
Between Shri. Nanda , son of Shri.Diwakar resident of 221, Rajshree
CHS, LBS Road, Ghatkopar E, Mumbai 400 081. hereinafter called as
a Mortgagor of the ONE PART and
Mrs. Rai daughter of Shri. Rajkumar resident of 102, Jagdamb CHS,
LBS Road, Ghatkopar E, Mumbai 400 081 hereinafter called as a
mortgagee of the OTHER PART.
WHEREAS the mortgagor is absolutely seized and possessed of or
otherwise well and sufficiently entitled to the house bearing municipal
no.10 situated at Moti Nagar, Taluka Karjat, District Raigad,
Maharashtra 423 201. more particularly described in the Schedule
hereunder written;
AND WHEREAS the mortgagor has requested the mortgagee to lend
him a sum of Rs. 1000000 (Rupees Ten Lakh only) which the mortgagee
has agreed on the mortgagor mortgaging his property.
NOW THIS DEED WITNESSETH THAT in pursuance to the said
agreement and in consideration of the sum of Rs. 1000000 at or before
the execution of these presents paid by the mortgagee to the mortgagor
(the receipt whereof, the mortgagor doth hereby admit and
acknowledge, the mortgagor hereby covenants with the mortgagee that
he will pay on the 31st day of March 2025 (hereinafter called "the
said date"), the said sum of Rs.1000000 with interest @ 10 % per
annum from the date of these presents till the repayment of the said
sum in full, every quarter the first installment of interest to be paid
on the 1st day of July 2023 and each subsequent installment on the
1st day of July, October, January and April of each succeeding year
until the said sum is repaid in full.
AND THIS DEED FURTHER WITNESSETH THAT In consideration
aforesaid, the mortgagor doth hereby transfer by way of mortgage his
house bearing municipal no.10 situated at Moti Nagar, Taluka Karjat,
District Raigad, Maharashtra 423 201. more particularly described in
the Schedule hereunder written as a security for repayment of the said
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sum with interest @ 10 per annum with the condition that the
mortgagor, his heirs, executors, administrators or assigns shall on the
said date pay to the mortgagee, his heirs, executors, administrators
or assigns the said sum of Rs 1000000 together with interest thereon
at the rate mentioned above, the said mortgagee, his heirs, executors,
administrators, or assigns shall at any time thereafter upon the request
and at the cost of the mortgagor, his heirs, executors, administrators
or assigns reconvey the said house, hereinbefore expressed to be
mortgaged unto or to the use of the mortgagor, his heirs, executors,
administrators or assigns or as he or they shall direct.
AND IT IS HEREBY AGREED AND DECLARED that if the mortgagor
does not pay the said mortgage amount with interest when shall become
due and payable under these presents, the mortgagee shall be entitled
to sell the said house through any competent court and to realise and
receive the said mortgage amount and interest, out of the sale proceeds
of the house.
AND IT IS FURTHER AGREED AND DECLARED by the mortgagor that
during the period, the mortgage amount is not paid and the said house
remains as a security for the mortgage amount, the mortgagor shall
insure the said house and take out an insurance policy in the joint names
of the mortgagor and mortgagee and continue the said policy in full
force and effect by paying premium and in case of default by the
mortgagor to insure or to keep the insurance policy in full force and
effect, the mortgagee can insure the said house and the premium paid
by the mortgagee will be added to the mortgage amount, if not paid by
the mortgagor on demand.
AND IT IS FURTHER AGREED THAT the mortgagor can grant lease
of the said house with the consent of the mortgagee in writing.
AND IT IS FURTHER AGREED BY THE MORTGAGOR that he shall
bear stamp duty, registration charges and other out of pocket expenses
for the execution and registration of this deed and reconveyance deed.
IN WITNESS WHEREOF the parties have put their hands the day and
year first hereunder written.
SCHEDULE Description of Property
All that Piece and Parcel of land and Building Bearing Muncipal No. 10
situated at Moti Nagar (KMC Approval KMC-101) coming under
Sy.No.101/1C in Taluka Karjat, District Raigad, Maharashtra 423 201

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Karjat Sub Registration Office, Raigad Registration District
admeasuring 1200 sq.ft bounded on the:-
North by : 30 Feet Road.
South by : Park.
East by : Plot No.11.
West by : Plot No.09.

The Schedule above referred to Signed and delivered by Shri. Nanda

the within named mortgagor

Signed and delivered by Mrs. Rai within named mortgagee

Witness:1.

Witness:2

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Q4) Draft a simple mortgage deed?
Ans) Deed of Simple Mortgage
(On Stamp Paper of appropriate amount)
THIS DEED of Mortgage made the 25th day of March 2023, BETWEEN
Shri. Nandkumar Singh , son of Shri.Diwakar Singh resident of 221,
Rajshree CHS, LBS Road, Ghatkopar E, Mumbai 400 081. (hereinafter
called "the Mortgagor"), of the One Part and PART and Mrs. Reena
Roy daughter of Shri. Rajkumar Santoshi resident of 102, Jagdamb
CHS, LBS Road, Ghatkopar E, Mumbai 400 081. (hereinafter called the
"Mortgagee"), of the Other Part. WHEREAS the Mortgagor is
absolutely seized and possessed of or otherwise is well and sufficiently
entitled the property intended to be hereby mortgaged, more
particularly described in the Schedule of this deed, which is free from
all encumbrances and attachments. AND WHEREAS the Mortgagee has
agreed to lend and advance a sum of Rs.1000000 to the Mortgagor at
his request upon having the repayment thereof, with interest at the
rate hereunder stated and secured in the manner hereinafter
expressed. NOW THIS DEED WITNESSES, that in pursuance of the
said agreement and in consideration of the sum of Rs. 1000000 paid to
the Mortgagor by the Mortgagee simultaneously with the execution of
these presents the receipt whereof the Mortgagor do hereby admit,
acknowledge and confirm, the Mortgagor do hereby agree with the
Mortgagee that the Mortgagor will on or before the 25th day of March
2025, pay or cause to be paid to the Mortgagee the sum of Rs.1000000
with interest for the same in the meantime at the rate of 10% per
cent, per annum, such interest to be paid monthly and every month on
the 7th of each following month without any delay or default.
AND THIS DEED FURTHER WITNESSETH that as a security for the
repayment of the said loan with interest, the said Mortgagor do hereby
charge, assure and mortgage, by way of simple mortgage, upto and in
favour of the Mortgagee all property specifically described in the
Schedule hereto annexed, and charge and assure the same by way of
security for the repayment of the said sum of Rs. 1000000 together
with interest thereon at the rate of 10 per cent, per annum;
AND THE Mortgagor doth hereby agree and covenant with the
Mortgagee that he will pay or cause to be paid to the Mortgagor the
principal sum aforesaid, together with the interest then due, on or
before the 25th day of March 2025, without delay or default; AND
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THE INDENTURE FURTHER WITNESSETH and it is hereby agreed
and declared by and between the parties that in case the said sum of
Rs.1000000 with interest thereon at the stipulated rate is not paid
within the time and in the manner as aforesaid, it shall be lawful for
the Mortgagee to enforce this mortgage and to cause the property or
any portion sold and appropriate the proceeds towards satisfaction of
the mortgage debt provided, however, that in the event of any short-
fall or deficiency, i.e. should the claim be not then satisfied, the
Mortgagee shall be entitled to recover the balance personally as against
the Mortgagor who shall be entitled to redeem the said mortgage at
his option by payment of the amount of mortgage debt inclusive of
interest at any time before the 25th day of March 2025.
AND THIS INDENTURE FURTHER WITNESSETH that the Mortgagor
do hereby covenant with the Mortgagee that notwithstanding any act,
deed or thing here before done, executed, performed or suffered to
the contrary, the Mortgagor has good title, full power and absolute
authority to charge, assure and mortgage the said property in the
manner hereunder effected and that the same is free from all
encumbrances and attachments.
IN WITNESS WHEREOF the parties have put their hands the day and
year first hereunder written.
SCHEDULE Description of Property
All that Piece and Parcel of land and Building Bearing Municipal No. 10
situated at Moti Nagar (KMC Approval KMC-101) coming under
Sy.No.101/1C in Taluka Karjat, District Raigad, Maharashtra 423 201
Karjat Sub Registration Office, Raigad Registration District
admeasuring 1200 sq.ft bounded on the:-
North by : 30 Feet Road.
South by : Park.
East by : Plot No.11.
West by : Plot No.09.

Signed and delivered by Shri. Nandkumar Singh within named Mortgagor

Sd/-
Signed and delivered by Mrs. Reena Roy within named Mortgagee
Sd/-

Witness:1. Witness:2
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Q5) Draft a bail application
Ans)
APPLICATION UNDER SECTION 439 OF THE CODE OF CRIMINAL
PROCEDURE 1973 FOR GRANT OF BAIL

BEFORE THE COURT OF METROPOLITAN MAGISTRATE, AT Bandra

East, Mumbai, Maharasthra

In The Matter Of
State
VS
Shri. R. K Singh, Resi of MIG Colony, Bandra East, Mumbai herein
called as Applicant.

FIR Number: 1001/2023

Under Section: Section 290 of IPC (Public Nuisance)
Police Station: Bandra East, Kherwadi Police Station
Accused under custody since: March 25, 2023

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. That the present FIR has been registered on false and bogus facts.
The facts stated in the FIR are fabricated, concocted and without any
basis.
2. That the police has falsely implicated the applicant and arrested him
in the present case, the applicant is a respectable citizen of the society
and is not involved any criminal case.
3. That the facts stated in the complainant against the applicant are
civil disputes and does not constitute any criminal offence at all.
4. That the applicant is not required in any kind of investigation nor
any kind of custodial interrogation is required, nor any recovery is to
be made at the instance of the applicant.
5. That the applicant is having very good antecedents, he belongs to
good family and there is no criminal case pending against them.
6. That the applicant is a permanent resident and there are no chances
of his absconding from the course of justice.
7. That the applicant undertakes to present himself before the
police/court as and when directed.
18
8. That the applicant undertakes that he will not, directly or indirectly
make any inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing such facts
to the Court or to any police officer.
9. That the applicant further undertakes not to tamper with the
evidence or the witnesses in any manner.
10. That the applicant shall not leave India without the previous
permission of the Court.
11. That the applicant is ready and willing to accept any other
conditions as may be imposed by the Court or the police in connection
with the case.
PRAYER
It is therefore prayed that the court may order for the release of the
applicant on bail in the interest of justice.
Any other order which the court may deem fit and proper in the facts
and circumstances of the case may be also passed in favor of the
applicant.

APPLICANT

THROUGH
COUNSEL

19
Q6) Draft an Anticipatory Bail Application.
APPLICATION UNDER SECTION 438 OF THE CODE OF CRIMINAL
PROCEDURE 1973 FOR GRANT OF ANTICIPATORY BAIL

BEFORE THE COURT OF METROPOLITAN MAGISTRATE, AT Bandra

East, Mumbai, Maharasthra

In The Matter Of
State
VS
Shri. R. K Singh, Resi of MIG Colony, Bandra East, Mumbai herein
called as Applicant.

FIR Number: 1001/2023

Under Section: Section 290 of IPC (Public Nuisance)
Police Station: Bandra East, Kherwadi Police Station

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. That the present FIR has been registered on false and bogus facts.
The facts stated in the FIR are fabricated, concocted and without any
basis.
2. That the police has falsely implicated the applicant and arrested him
in the present case, the applicant is a respectable citizen of the society
and is not involved any criminal case.
3. That the facts stated in the complainant against the applicant are
civil disputes and does not constitute any criminal offence at all.
4. That the applicant is not required in any kind of investigation nor
any kind of custodial interrogation is required, nor any recovery is to
be made at the instance of the applicant.
5. That the applicant is having very good antecedents, he belongs to
good family and there is no criminal case pending against them.
6. That the applicant is a permanent resident and there are no chances
of his absconding from the course of justice.
7. That the applicant undertakes to present himself before the
police/court as and when directed.
8. That the applicant undertakes that he will not, directly or indirectly
make any inducement, threat or promise to any person acquainted with
20
the facts of the case so as to dissuade him from disclosing such facts
to the Court or to any police officer.
9. That the applicant further undertakes not to tamper with the
evidence or the witnesses in any manner.
10. That the applicant shall not leave India without the previous
permission of the Court.
11. That the applicant is ready and willing to accept any other
conditions as may be imposed by the Court or the police in connection
with the case.
PRAYER
It is therefore prayed that the Applicant may kindly be granted
anticipatory bail U/s 438 of CrPC. and the Sr. Police Officer of
concerned Bandra East police station may kindly be directed not to
arrest the petitioner or to release the applicant/petitioner on bail in
the event of their arrest
Any other order which the court may deem fit and proper in the facts
and circumstances of the case may be also passed in favor of the
applicant.

APPLICANT

THROUGH
COUNSEL

21
Q7) Ram has agreed to sale his house to Bansuri for Rs. 5 lacs, Ram
has paid Rs. One lac as earnest money. The sale is to be completed
within two months from the date of agreement. Draft an agreement to
sale the said house.
AGREEMENT FOR SALE

THIS AGREEMENT FOR SALE is made and executed on this the 25th
day March of 2023.

BETWEEN

Mr. Ram s/o. Mr. Shyam aged 35 years residing at 125, MIG Colony,
Bandra East, Mumbai 400051. Hereinafter called "The SELLER" (which
expression shall mean and include his legal heirs, successors,
successors-in-interest, executors, administrators, legal
representatives, attorneys and assigns) of ONE PART.
AND
Mr. Bansuri s /o Mr. Laxman Prasad aged 36 years residing at 135,
LIG Colony, Ghatkopar East, Mumbai 400075 Hereinafter referred as
"The PURCHASER" which expression shall mean and include his heirs,
successors, executors, administrators, legal representatives, attorneys
and assigns of the OTHER PART.

WHEREAS THE SELLER is the absolute owner in possession and

enjoyment of the property more fully described in the schedule
hereunder and hereafter called the "SCHEDULE PROPERTY”.

WHEREAS the property more fully described in the schedule hereunder

is the self-acquired property of the SELLER who purchased the same
from Mr.Jagan Mohan in and by sale deed dated March 25, 2000,
WHEREAS the SELLER is the absolute owner of the property and he
has been enjoying the same with absolute right and he has clear and
marketable title to the Schedule Property.

WHEREAS the SELLER being in need of funds has decided to sell the
property more fully described in the Schedule hereunder and the
PURCHASER has offered to purchase the same.
22
WHEREAS the SELLER offered to sell and transfer the schedule
property to the PURCHASER for a sale consideration of Rs. 500000
(Rupees Five Lakh only) and the PURCHASER herein has agreed to
purchase the same for the aforesaid consideration on the following
terms and conditions:
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
The Sale consideration of the Schedule Property is fixed at Rs. 500000
only (Rupees Five Lakh only).

The PURCHASER has paid a sum of Rs. 100000 only (Rupees One Lakh
only) by cash/ cheque /D.D. bearing No 100000 drawn on IDBI Bank
Limited dated 25/03/2023 as advance/earnest money, the receipt of
which sum the SELLER hereby acknowledges.

The balance payment of Rs.400000 (Rupees Four Lakh only) will be paid
by the PURCHASER to the SELLER at the time of execution of the
absolute Sale Deed and thus completing the Sale transaction.

The parties herein covenant to complete the Sale transaction and to

execute the Absolute Sale Deed within 2 months of the date of this
Agreement.
The SELLER confirms with the PURCHASER that he/she has not entered
into any agreement for sale, mortgage or exchange whatsoever with
any other person relating to the Schedule Property of this Agreement.

The SELLER hereby assures the PURCHASER and he/she has absolute
power to convey the same and there are no encumbrances, liens,
charges, Government dues, attachments, acquisition, or requisition,
proceedings etc.
The SELLER agrees to put the PURCHASER in absolute and vacant
possession of the schedule property after executing the sale deed and
registering the same in the jurisdictional Sub-Registrar's office.

The SELLER covenants with the PURCHASER that he/she shall not do
any act, deed or thing creating any charge, lien or encumbrance in
respect of the schedule property during the subsistence of this
Agreement.
23
The SELLER has specifically agreed and covenants with the PURCHASER
that he/she shall do all acts, deeds and things which are necessary and
requisite to convey absolute and marketable title in respect of the
schedule property in favour of the PURCHASER or his nominee.

IT IS AGREED between the parties that all expenses towards Stamp

Duty and Registration charges shall be borne by the PURCHASER only.

The PURCHASER shall have the right to nominate or assign his right
under this agreement to any person / persons of his choice and the
SELLER shall execute the Sale Deed as per terms and conditions of
this Agreement in favour of the PURCHASER or his nominee or assignee.

The SELLER has agreed to get consent deed duly executed to this
Sale transaction from his wife, sons and daughters on or before date
of registration of Sale Deed and assured that they all join to execute
sale deed in favour of the purchaser as consenting party.
It is hereby expressly provided and agreed by the parties here to that
both parties are entitled to enforce specific performance of the
agreement against each other in case of breach of any conditions
mentioned in this Agreement.
The original of the "AGREEMENT" signed by both the parties shall be
with the PURCHASER and copy of the same similarly signed shall be
with the SELLER.
SCHEDULE
Description of Property: One BHK Flat admeasuring 400 Sq.Ft carpet
area situated at Building 221, Room No, 5900, ABC Apartments,
Hanuman Road, Pant Nagar, Ghatkopar East, Mumbai 400 075.

IN WITNESS WHEREOF the SELLER and the PURCHASER have signed

this Agreement of Sale on the day month and year herein above
mentioned in the presence of the witnesses:

Signed by Purchaser: Bansuri (Sd/-)

Signed by Seller: Ram (Sd/-)

24
WITNESSES:
Sd/-
1. Shri. Shahrukh Khan. (PAN No: XXXXX5000K)

Sd/-
2. Shri. Amir Khan. (PAN No: XXXXX5013K)

25
Q8) Draft a Sale deed between Mr. Kathuria (seller) and Mrs. Singh
(buyer) for a 2-BHK flat situated at Bandra for the consideration
amount of 7 crore rupees (with Schedule of property).

SALE DEED
THIS SALE DEED is made and executed on this the 25th day March of
2023.

BETWEEN
Mr. Khaturia s/o. Mr. Shyam aged 35 years residing at 125, MIG
Colony, Bandra East, Mumbai 400051. Hereinafter called "The SELLER"
(which expression shall mean and include his legal heirs, successors,
successors-in-interest, executors, administrators, legal
representatives, attorneys and assigns) of ONE PART.
AND
Mrs. Singh d/o Mr. Laxman Prasad aged 36 years residing at 135,
LIG Colony, Ghatkopar East, Mumbai 400075 Hereinafter referred as
"The PURCHASER" which expression shall mean and include his heirs,
successors, executors, administrators, legal representatives, attorneys
and assigns of the OTHER PART.
WHEREAS THE SELLER is the absolute owner in possession and
enjoyment of the property more fully described in the Schedule
hereunder and hereafter called the "SCHEDULE PROPERTY”.
WHEREAS the property more fully described in the schedule hereunder
is the self-acquired property of the SELLER who purchased the same
from Mr.Jagan Mohan in and by sale deed dated March 25, 2000,
WHEREAS the SELLER is the absolute owner of the property and he
has been enjoying the same with absolute right and he has clear and
marketable title to the Schedule Property.
WHEREAS the SELLER being in need of funds has decided to sell the
property more fully described in the Schedule hereunder and the
PURCHASER has offered to purchase the same.

ANDWHEREAS the SELLER being in need of funds to meet his personal

commitments and family expenses have decided to sell the SCHEDULE
PROPERTY and the PURCHASER has agreed to purchase the same.

26
WHEREAS the SELLER offered to sell and transfer the schedule
property to the PURCHASER for a sale consideration of Rs.
7,00,00,000 (Rupees Seven Crore only) and the PURCHASER herein has
agreed to purchase the same for the aforesaid consideration on the
following terms and conditions:
NOW THIS DEED OF SALE WITNESSETH:
THAT in pursuance of the aforesaid agreement and in consideration of
a sum of Rs.70000000 (Rupees Seven Crore) only received by the
SELLER in bankdraft and upon receipt of the said entire consideration
of Rs.70000000 (Rupees Seven Crore) only (the SELLER doth hereby
admit, acknowledge, acquit, release and discharge the PURCHASER
from making further payment thereof) the SELLER doth hereby sells,
conveys, transfers, and assigns unto and to the use of the PURCHASER
the SCHEDULE PROPERTY together with the water ways, easements,
advantages and appurtenances, and all estate, rights, title and interest
of the SELLER to and upon the SCHEDULE PROPERTY unto the
PURCHASER absolutely and forever.
THAT THE SELLER DOTH HEREBY COVENANT WITH THE
PURCHASER AS FOLLOWS:
That the SCHEDULE PROPERTY shall be quietly and peacefully entered
into and held and enjoyed by the PURCHASER without any interference,
interruption, or disturbance from the SELLER or any person claiming
through or under him.
That the SELLER have absolute right, title and full power to sell,
convey and transfer unto the PURCHASER by way of absolute sale and
that the SELLER have not done anything or knowingly suffered anything
whereby their right and power to sell and convey the SCHEDULE
PROPERTY to the PURCHASER is diminished.
That the property is not subjected to any encumbrances, mortgages,
charges, lien, attachments, claim, demand, acquisition proceedings by
Government or any kind whatsoever and should thereby and the SELLER
shall discharge the same from and out of his own fund and keep the
PURCHASER indemnified.
That the SELLER hereby declares with the PURCHASER that the
SELLER have paid all the taxes, rates and other outgoings due to local
bodies, revenue, urban and other authorities in respect of the
SCHEDULE PROPERTY up to the date of execution of this sale deed
and the PURCHASER shall bear and pay the same hereafter. If any
27
arrears are found due for the earlier period, the same shall be
discharged/borne by the SELLER.
That the SELLER have handed over the vacant possession of the
SCHEDULE PROPERTY to the PURCHASER on 25th March 2023 and
delivered the connected original title document in respect of the
SCHEDULE PROPERTY hereby conveyed on the date of execution of
these presents.
That the SELLER will at all times and at the cost of the PURCHASER
execute, register or cause to be done, all such acts and deeds for
perfecting the title to the PURCHASER in the property hereby sold and
conveyed herein.
That the SELLER do hereby covenants and assures that the
PURCHASER is entitled to have mutation of his name in all public
records, local body and also obtain all documents in the name of the
PURCHASER and undertakes to execute any deed in this respect.
SCHEDULE OF PROPERTY
All that piece and parcel of One BHK Flat admeasuring 400 Sq.Ft
carpet area situated at Building 221, Room No, 5900, ABC Apartments,
Hanuman Road, Pant Nagar, Ghatkopar East 400075, in the district of
Mumbai, Maharashtra, butted and bounded by:
On the North : RK Apartment
On the South :Open Road
On the East :Garden
On the West :Open Road.

IN WITNESS WHEREOF the SELLER and the PURCHASER have signed

this Sale Deed on the day month and year herein above mentioned in
the presence of the witnesses:
Signed by Purchaser: Mrs. Singh (Sd/-)

Signed by Seller: Khaturia (Sd/-)

WITNESSES:
Sd/-
1. Shri. Shahrukh Khan. (PAN No: XXXXX5000K)

Sd/-
2. Shri. Amir Khan. (PAN No: XXXXX5013K)

28
Q9) Draft a lease deed for a 1 Room kitchen flat situated at Dadar,
Mumbai for a period of 9 years (with Schedule of property).

THIS LEASE DEED is made and executed on this the 25th day March
of 2023.

BETWEEN
Mr. Khaturia s/o. Mr. Shyam aged 35 years residing at 125, MIG
Colony, Bandra East, Mumbai 400051. Hereinafter called "LESSOR"
(which expression shall mean and include his legal heirs, successors,
successors-in-interest, executors, administrators, legal
representatives, attorneys and assigns) of ONE PART.
AND
Mrs. Singh d/o Mr. Laxman Prasad aged 36 years residing at 135,
LIG Colony, Ghatkopar East, Mumbai 400075 Hereinafter referred as
"LESSEE" which expression shall mean and include his heirs,
successors, executors, administrators, legal representatives, attorneys
and assigns of the OTHER PART.
WHEREAS LESSOR is the absolute owner in possession and enjoyment
of the property more fully described in the Schedule hereunder and
hereafter called the "SCHEDULE PROPERTY”.
AND WHEREAS at the request of the Lessee, the Lessor has agreed
to let the said SCHEDULE PROPERTY to the Lessee for a term of 3
years commencing from 25th March 2023 in the manner hereinafter
appearing.
NOW THIS Lease Deed WITNESSETH:
1. That the Lessor hereby grant to the Lessee, the right to enter into
and use and stay in the said premises along with the existing fixtures
and fittings listed in Annexure 1 to this Deed;
2. The Lessee shall be entitled to peacefully possess, and enjoy
possession of the said premises, and the other rights herein.
3. That the lease hereby granted shall, unless cancelled earlier under
any provision of this Agreement, remain in force for a period of 3
years from the date of this deed.
4. That the Lessor & Lessee both shall have the option to terminate
this lease by giving one month`s notice in writing to other party.

29
5. That the Lessee shall have no right to create any sub-lease or assign
or transfer in any manner the lease or give to any one the possession
of the said premises or any part thereof.
6. That the Lessee shall use the said premises only for residential
purposes.
7. That the Lessor shall, before handing over the said premises, ensure
the working of sanitary, electrical and water supply connections and
other fittings pertaining to the said premises. Lessee shall be
responsible for return of these furniture/fixtures in the working
condition at the time of re-possession of the said premises
(reasonable wear and tear and loss or damage by fire, flood, rains,
accident, irresistible force or act of God excepted).
8. That the Lessee is not authorized to make any alteration in the
construction of the said premises. The Lessee may however install
and remove his own fittings and fixtures, provided this is done
without causing any damage or loss to the said premises.
9. That the day to day repair jobs such as fuse blow out, replacement
of light bulbs/tubes, leakage of water taps, maintenance of the
water pump and other minor repairs, etc., shall be effected by the
Lessee at its own cost, and any major repairs, either structural or
to the electrical or water connection, plumbing leaks, water seepage
shall be attended to by the Lessor. In the event of the Lessor failing
to carry out the repairs on receiving notice from the Lessee, the
Lessee shall undertake the necessary repairs and the Lessor will be
liable to immediately reimburse costs incurred by the Lessee.
10. That the Lessor or its duly authorized agent shall have the right
to enter into or upon the said premises or any part thereof at a
mutually arranged convenient time for the purpose of inspection.
11. That the Lessee shall use the said premises along with its fixtures
and fitting in careful and responsible manner and shall handover the
premises to the Lessor in working condition (reasonable wear and
tear and loss or damage by fire, flood, rains, accidents, irresistible
force or act of God excepted).
12. That in consideration of use of the said premises the Lessee
agrees that he shall pay to the Lessor during the period of this
agreement, a monthly rent of Rs. 25000 (Rupees Twenty Five
Thousand) only The amount will be paid in advance on or before the
30
 date of [1st day] of every English calendar month commencing from
1st April 2023.
13. It is hereby agreed that if default is made by the lessee in
payment of the rent for a period of three months, or in observance
and performance of any of the covenants and stipulations hereby
contained and on the part to be observed and performed by the
lessee, then on such default, the lessor shall be entitled in addition
to or in the alternative to any other remedy that may be available
to him at this discretion, to terminate the lease and remove the
lessee from the said premises; and to take possession thereof as
full and absolute owner thereof, provided that a notice in writing
shall be given by the lessor to the lessee of his intention to terminate
the lease and to take possession of the said premises. If the arrears
of rent are paid or the lessee comply with or carry out the covenants
and conditions or stipulations, within fifteen days from the service
of such notice, then the lessor shall not be entitled to take
possession of the said premises.
14. That in addition to the compensation mentioned above, the Lessee
shall pay the actual electricity, shared maintenance, water bills for
the period of the agreement directly to the authorities concerned.
The relevant `start date` meter readings are 1450 (Meter Number
123456).
15. That the Lessee has paid to the Lessor a sum of Rs. 50000
(Rupees Fifty Thousand) only as deposit, free of interest, which the
Lessor does accept and acknowledge. This deposit is for the due
performance and observance of the terms and conditions of this
Agreement. The deposit shall be returned to the Lessee
simultaneously with the Lessee vacating the said premises. In the
event of failure on the part of the Lessor to refund the said deposit
amount to the Lessee as aforesaid, the Lessee shall be entitled to
continue to use and occupy the said premises without payment of any
rent until the Lessor refunds the said amount (without prejudice to
the Lessee`s rights and remedies in law to recover the deposit).
16. That the Lessor shall be responsible for the payment of all taxes
and levies pertaining to the said premises including but not limited
to House Tax, Property Tax, other cesses, if any, and any other
statutory taxes, levied by the Government or Governmental
31
 Departments. During the term of this Agreement, the Lessor shall
comply with all rules, regulations and requirements of any statutory
authority, local, state and central government and governmental
departments in relation to the said premises.
SCHEDULE
Description of Property: One BHK Flat admeasuring 400 Sq.Ft
carpet area situated at Building 221, Room No, 5900, ABC
Apartments, Hanuman Road, Pant Nagar, Ghatkopar East, Mumbai
400 075.

IN WITNESS WHEREOF the Lessor and the Lessee have signed this
Lease Deed on the day month and year herein above mentioned in
the presence of the witnesses:
Signed by Purchaser: Bansuri (Sd/-)

Signed by Seller: Ram (Sd/-)

WITNESSES:
Sd/-
1. Shri. Shahrukh Khan. (PAN No: XXXXX5000K)

Sd/-
2. Shri. Amir Khan. (PAN No: XXXXX5013K).

32
Q9) Draft a legal notice for cheque bouncing u/s 138 of Negotiable
instrument Act?

Regd. AD
March 25, 2023
To
Mr. Ram prasad Khaturia
125, MIG Colony,
Bandra East,
Mumbai 400051

Sub: Legal notice U/S 138 of the Negotiable Instrument Act.

Sir,
The cheque No.100001 dated March 01, 2023 for an amount of
Rs.100000 (Rupees One Lakh only) drawn on the IDBI Bank, Ghatkopar
East branch, was issued by you in lieu of discharge of your financial
liabilities to us.
The said cheque was presented for payment but the same has been
returned by your bank with the endorsement “ Insufficient Funds”. The
Bank has informed us through their cheque return memo dated March
10, 2023.
You are now requested to make the payment of the above said amount
immediately in accordance with the provisions of section 138 of
Negotiable Instrument Act failing which we will initiate criminal
proceedings against you as contemplated under the above said section.
This is for your information.
Yours faithfully;

(Mr. Ram Prasad)

128, LIG
Pant Nagar
Ghatkopar East
Mumbai 400 075.

33
Q) Draft an indemnity bond in favour of IDBI Bank Limited for releasing
the balance lying in the saving account of Mr. Ramprasad who is
deceased to Shri. Laxman Prasad who is the only son of Ramprasad.
Ans)
INDEMNITY BOND
(On non-judicial stamp of adequate value)

Whereas; In consideration of IDBI Bank Limited (hereinafter called

the “Bank”) having agreed to pay Shri. Laxman Prasad hereinafter
called “Obligor” the amount of Rs.1000000 (Rupees Ten Lakh only) lying
to the credit of Savings Bank No.102565 in the name of Late Shri.
Ram Prasad (Since deceased) with the Ghatkopar East Branch of the
said bank on the strength of representation made by the “Obligor” in
the application and indemnity bond as the only surviving heir/s/legal
representative/s of the said Late. Shri. Ram Prasad (who died on March
25, 2023) that he is solely entitled to the same without insisting on
succession certificate/probate/letter of administration or other legal
representation to the estate of the said deceased or a certificate from
the Controller of Excise Duty to the effect that the estate duty has
been paid or will be paid or none is due.

KNOW ALL MEN by these presents that (a) I, Laxman Prasad, the
son of Late Shri. Ram Prasad, resident of Building 221, Room No,
5900, ABC Apartments, Hanuman Road, Pant Nagar, Ghatkopar East,
Mumbai 400 075 (“Obligor”) and (b) Shri. Jamnaprasad Mishra , son of
Shri. R.K Mishra resident of Building 221, Room No, 5800, ABC
Apartments, Hanuman Road, Pant Nagar, Ghatkopar East, Mumbai 400
075, the sureties for and on behalf of the Obligor (hereinafter called
“Surety”) for themselves, their heir/s, executors and administrators
do hereby covenant from time to time and at all times, hereafter to
save, defend and keep harmless and indemnified the said bank, its
successors and assigns of from and against all actions, suits,
proceedings, accounts, claims and demands for or in respect of the said
monies on the part of any persons or firms claiming under in the right
of the said late Shri. Ram Prasad and from against all costs, damages
and liabilities in connection there with.

34
By these presents. Signed on this 01st day of April 2023.

Signed by the above named “Obligor”

Sd/-
Laxman Prasad

Signed by the above named “Surety”

Sd/-
Jamnaprasad Mishra

WITNESSES:
Sd/-
1. Shri. Shahrukh Khan. (PAN No: XXXXX5000K)

Sd/-
2. Shri. Amir Khan. (PAN No: XXXXX5013K).

SEAL NOTARY/MAGISTRATE.

35
Q) Draft an indemnity bond in favour of Reliance Industries Limited
for issuing a duplicate share certificate to Mr. Laxman Prasad who
has lost his certificate
Ans)
INDEMNITY BOND
(On non-judicial stamp of adequate value)
Whereas; In consideration of Reliance Industries Limited (hereinafter
called the “Company”) having agreed to issue a duplicate share
certificate with folio No: 1001 and distinctive no: 50-100 i.e total 50
shares having face value of Rs.100 each in the name of Shri. Laxman
Prasad; herein after called Indemnifier

KNOW ALL MEN by these presents that (a) I, Laxman Prasad, the
son of Late Shri. Ram Prasad, resident of Building 221, Room No,
5900, ABC Apartments, Hanuman Road, Pant Nagar, Ghatkopar East,
Mumbai 400 075 (“Indemnifier”) and (b) Shri. Jamnaprasad Mishra ,
son of Shri. R.K Mishra resident of Building 221, Room No, 5800, ABC
Apartments, Hanuman Road, Pant Nagar, Ghatkopar East, Mumbai 400
075, the sureties for and on behalf of the Indemnifier (hereinafter
called “Surety”) for themselves, their heir/s, executors and
administrators do hereby covenant from time to time and at all times,
hereafter to save, defend and keep harmless and indemnified the said
Company, its successors and assigns of from and against all actions,
suits, proceedings, accounts, claims and demands for or in respect of
the said monies on the part of any persons or firms claiming under their
rights under the above mentioned shares.

By these presents. Signed on this 01st day of April 2023.

Signed by the above named “Indemnifier”

Sd/-
Laxman Prasad

Signed by the above named “Surety”

Sd/-
Jamnaprasad Mishra

36
WITNESSES:
Sd/-
1. Shri. Shahrukh Khan. (PAN No: XXXXX5000K)

Sd/-
2. Shri. Amir Khan. (PAN No: XXXXX5013K).

SEAL NOTARY/MAGISTRATE.

Q) S. Janardhana Naidu, S/o. Krishnaiah residing at D.No. 249, Netaji

Road, Kurla, Mumbai borrowed Rs. 25,000 agreeing to pay 24% on 26th
Feb, 2023 from G. Srinivasa Yadav, S/o. Ramaiah at D.No. 247, Netaji
Road, Kurla, Mumbai and executed a promissory note. The promissory
note was scribed by K. Venkatasubbaiah a document writer in Tirupati
and attested by a K. Damodhar Reddy and M. Subramanyam Naidu. G.
Srinivasa Yadav made demands for the Repayment of the loan and also
caused a lawyers notice dated 04.03.2023 to be send to S. Janardhana
Naidu. S. Janardhana Naidu who received the notice on 27.03.2023
neither paid the amount nor did he respond to the notice. G.Srinivasa
Yadav filed a suit for the recovery of the debt
Draft the plaint.
Ans)
PLAINT
ORDER-6, RULE-17, SECTION-26
In the court of the Kurla Civil Court.
O.S. No............................/2011
G. Srinivasa Yadav-------. Plaintiff
Vs.
S. Janardhan Naidu--------. Defendant

1. Plaintiff G. Srinivasa Yadav, S/o. Ramaiah aged 45 years, Hindu

business, residing at D.No. 247, Netaji Road, Kurla, Mumbai, within
jurisdiction of this honourable court.
2. Defendant S. Janardhan Naidu, S/o. Krishnaiah, 40 years, Hindu,
Business, residing at D.No. 249, Netaji Road, Kurla, Mumbai within
jurisdiction of honourable court.

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3. Defendant borrowed a sum of Rs. 25,000 on 26.02.2008 and in
consideration there of executed a promissory note the like sum in
favour of the plaintiff, agreeing to pay interest at 24% per annum.
4. The Promissory note id duly notarized and witnessed as per law in
force
5. The plaintiff made several demands on the defendant for the
repayment of the debt. The plaintiff also caused a registered
lawyer’s notice dated 04.03.2023 to be sent to the defendant which
he did not respond.
6. The plaintiff submits that the defendant is not an agriculturist and
he is not entitled to the benefits under any of the debt relief of
law.
7. Cause of Action for this suit arose on i.e after expiry of 14 days
from the date of receipt of the notice by the defendant at Kurla,
Mumbai, within the jurisdiction of this honourable court.
8. The plaintiff has paid the required court fee by depositing the
amount of Rs. 2000/- in Bharat Kosh, in the credit of this hon’ble
court which is based on the value of this claim under consideration.
9. It is therefore, prayed that the honourable court may be pleaded
to pass a judgement and decree against the defendant and in favour
of the plaintiff.
10. Directing the defendant to pay the plaintiff the sum of Rs.35000
(along with further interest for the period of date of decree till the
actual payment of the amount under the plaint) which is the value
of the claim on the date of plaint comprising the principal amount
and interest thereon till the date of plaint.
11. Awarding the plaintiff the cost of this suit and
12. Passing such further or other order as the honourable court may
deem. Fit and proper in the circumstance of the case.

Sd/-
Advocate for the plaintiff

Plaintiff Verification
I, the plaintiff, do hereby declared that the facts stated above true
and correct to the best of my knowledge, information and belief. List
of document filed (1) Documents original promissory note executed by
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the defendant. I further declare and acknowledge to appoint Advocate
Shri. XYZ on my behalf to file a plaint, written statement, argue in
the case.

Sd/-
G. Srinivasa Yadav.

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