Drafting, Pleading & Conveyancing

BBA LLB (Hons.) Semester VI

Submitted to: Prof. Suraj Dube

School of Law, NMIMS

Submitted by: Srishti Singh,

F036,
Sap ID: 81022100288
 INDEX

Sr. No Documents Date of Page No.

submission
1. Plaint 12.01.2024 03
2. Written Statement 19.01.2024 13
3. Temporary Injunction 05.02.2024 20
4. Writ Petition 17.02.2024 28
5. Legal Notice 04.03.2024 36
6. Divorce Petition 10.03.2024 39
7. Will 26.03.2024 47
8. Sale Deed 26.03.2024 50
9. Complaint Under S.138 of NI Act. 26.03.2024 56
10. Anticipatory Bail 26.03.2024 63
IN THE CITY CIVIL COURT JUNIOR DIVISION, AT DINDOSHI

SUMMARY SUIT NO. ____ OF 2024

(FILED UNDER THE PROVISION OF ORDER XXXVII RULE 2 OF

THE CODE OF CIVIL PROCEDURE, 1908)

Mr. Rajesh Singh )

S/o. Mr. Arjun Singh, Age: 42, )

An Indian Inhabitant, Having address at )

Ground Floor, ABC Building, 2nd road, )

Ville Parle West, Mumbai – 400 057, )

Maharashtra, India )

Mobile No.: 9123456782 )

Email id: rajeshsingh@gmail.com )…Plaintiff

Versus

Mr. Amit Shah )

S/o. Mr. Narendra Modi, Age: 41 years, )

Adult Indian Inhabitant, )

Having his address at Flat No. 504, )

ABC Building, 2nd road, Ville Parle West )

Mumbai – 400 057, Maharashtra, India )

Mobile No.:8987654321 )

Email id: as23@gmail.com )…Defendants

TO,

THE HON’BLE PRINCIPAL JUDGE AND OTHER

PUISINE JUDGES OF THIS HON’BLE COURT

THE HUMBLE SUMMARY SUIT FOR ____

AS UNDER ORDER XXXVII RULE 2 OF

THE CODE OF CIVIL PROCEUDRE, 1908

OF THE PLAINTIFF ABOVENAMED

MOST RESPECTFULLY SHEWETH

The Plaintiff above named do hereby states and submits as under:

1. The Plaintiff is an Adult Indian Inhabitant having his address as shown

in the cause title and carries business of Import and Export in the firm

“Pankaj & Co.” is duly registered. The Plaintiff is having its Office

Address at 10th Road Khar West, Mumbai - 400 050, Maharashtra,

India.

2. The Defendant is an Adult Indian Inhabitant having his address as

shown in the cause title and carries business of Textile in “Texto Pvt.

Ltd.” is duly registered and incorporated under the Companies Act,

1956. The Defendant is having its Office Address at 11-A, Fort,

Mumbai – 400 001, Maharashtra, India.

3. The present Summary Suit herein is inter alia filed for recovery of

outstanding loan amount due and payable by the Defendant to the

 Plaintiff. The said loan was issued by the Plaintiff upon the request of

Defendant for business purpose.

4. The Plaintiff and Defendant are childhood friends who have known

each other for decades. The families of both parties know each other as

they interact in function and ceremonies.

5. The Plaintiff states that in or around 3rd Week of January 2022, the

Defendant approached the Plaintiff and requested for some financial aid

of Rs. 30,00,000/- (Rupees Thirty Lakh Only) for his business purpose.

To which the Defendant had issued securities of three post-dated

cheques dated 01.11.2022 against the loan, all drawn from the Bank

named “YES Bank”, Andheri Branch, Mumbai.

6. The Plaintiff states that on the above-mentioned request from

Defendant, the Plaintiff acceded the loan amount of Rs. 30,00,000/-

(Rupees Thirty Lakh Only) to the Defendant on 29.01.2022. The said

amount was given through a cheque. The Cheque No. 123456 was

encashed by the Defendant on the same date. Hereto annexed and

marked as “Exhibit A” is the Copy of the Cheque No. 123456 dated

29.01.2022.

7. The Defendant has duly encashed and received the loan without raising

any dispute and objection. The Defendants have failed and neglected to

pay the amount of term loan. In the premises aforesaid, the Plaintiff is

constrained to file the present suit. Plaintiff is entitled to file and

 maintain the Suit as a Summary Suit under the provisions of Order

XXXVII Rule 2 of the Code of Civil Procedure, 1908.

8. The facts, in brief, giving rise to the cause of action in the present Suit

are set out hereinafter.

9. The Plaintiff states that in accordance to the which was loan extended

to the Defendant, the Defendant had issued three post-dated cheques

dated 01.11.2022 each of Rs. 10,00,000/- (Rupees Ten Lakh Only) of

all drawn from “YES Bank” was served as a security against the loan

amount to the Plaintiff. Whereby, just before the maturity date of the

said Cheque the Defendant requested the Plaintiff to not deposit the said

cheques with their bankers with an agreement to repay the entire loan

amount within a short period of time. Hereto annexed and marked as

“Exhibit B Colly” is the copy of the three post-dated cheques, dated

01.11.2022.

10. The Plaintiff states that taking into the consideration the Defendant was

his childhood friend whom he knows for decades, to which he did not

deposited the said cheques. Subsequently, the Defendant at several

times deliberately ignored the text messages and calls of Plaintiff. To

an extent the Defendant had already blocked the Plaintiff’s phone

number.

11. The Plaintiff states that from the abovementioned conduct of the

Defendant, the Plaintiff had realized and come to a conclusion that the
 Defendant had intentionally avoided the Plaintiff. To which the

Plaintiff on 02.01.2023 presented all the three cheques with its bankers

for encashment i.e. HDFC Bank Ltd. and to their jolt the said cheques

was dishonored with an endorsement “FUNDS INSUFFICIENT” and

the same was returned by the Plaintiff’s Banker with their memo dated

07.01.2023. Hereto annexed and marked as “Exhibit C” is the copy of

the memo dated 07.01.2023 from HDFC bank.

12. The Plaintiff states that the dishonourment of the above three cheques

were duly informed to the Defendant. To which the Defendant

additionally expressed financial difficulty and agreed and assured to

issue afresh cheque after some time for repayment of loan. However,

on repeated reminders the Defendant failed to acknowledge his earlier

assurances.

13. Thereafter, Plaintiff states that the Plaintiff an issued Statutory Notice

dated 05.05.2023 through his Advocate’s upon the Defendant to repay

the outstanding loan amount either directly or to his advocate on his

behalf. As per the said Statutory Notice, the Defendants were required

to repay the entire outstanding loan amount of Rs.30,00,000/- (Rupees

Thirty Lakh Only) together with interest @ 15% p.a. (fixed). Hereto

annexed and marked as “Exhibit D” is the copy of the Statutory Notice

dated 05.05.2023.
14. The Plaintiff states that the said Statutory Notice was duly served upon

the Defendant on the 25.05.2023, to which the Defendant has till date

neither sent any reply nor complied with the requisition of repayment

of entire loan amount and intertest thereon or any part thereof.

15. The Defendant has deliberately neglected and avoided to pay the

balance outstanding amount to Plaintiff till date thereby giving rise to

a cause of action to the Plaintiff for filing the present Summary Suit. In

the premises aforesaid, the Plaintiff says and submits that it is entitled

to maintain the Suit as a Summary Suit under Order XXXVII Rule 2 of

the Code of Civil Procedure, 1908.

16. Under the circumstance, the Plaintiff says and submits, that the

Defendant is liable to pay an outstanding amount of Rs. 30,00,000/-

(Rupees Thirty Lakh Only). The Plaintiff is further entitled to interest

@15% per annum on the said amount of Rs. 30,00,000/- (Rupees Thirty

Lakh Only) from 05.05.2023 till the date of the payment/realization

thereof. Hereto annexed and marked as “Exhibit E” is the Particulars

of Claim.

17. In the premises aforesaid, the Plaintiff says and submits that:

This Hon'ble Court be pleased to order and decree the Defendant to pay

the Plaintiff a sum of Rs. 30,00,000/- (Rupees Thirty Lakh Only) being

the outstanding amount of loan. The Plaintiff is further entitled to

interest @15% per annum on the said amount of Rs. 30,00,000/-

(Rupees Thirty Lakh Only) from 05.05.2023 till the date of the

payment/realization thereof. The Plaintiff states that the Plaintiff

resides at Vile Parle. The Defendants also resides in Vile Parle and

therefore this Hon’ble Court has jurisdiction to entertain the disputes

between the parties.

18. The Plaintiff says and submits that no part of the claim herein is

barred by the law of limitation and therefore, the present

Summary Suit is filed within the limitation period.

19. For The value of the suit is Rs. 30,00,000/- (Rupees Thirty Lacs

Only), and the requisite court fees have been paid.

20. The Plaintiff states that they craves leave of this Hon’ble Court

to amend, alter, delete, add and modify the statement/s as

mentioned herein above and further to file a separate

Compilation of Documents as and when required.

21. The Plaintiff states that, save and except the present Suit, they

have not filed any other Application/Petition/Plaint or any other

legal proceeding in relation to the present subject matter of the

partition and separation in the present Suit before this Hon’ble

Court or any other Court/Tribunal within India.

22. Plaintiff has not received any caveat from the Defendant till date.

23. Plaintiff will rely on documents; a list whereof is annexed hereto.

 PRAYERS

24. In view of the above facts and circumstances, the Plaintiff

therefore respectfully prays that:

a) This Hon'ble Court be pleased to order and decree the Defendant to

pay the Plaintiff a sum of Rs. 30,00,000/- (Rupees Thirty Lakh Only)

being the outstanding amount of loan. The Plaintiff is further entitled

to interest @15% per annum on the said amount of Rs. 30,00,000/-

(Rupees Thirty Lakh Only) from 05.05.2023 till the date of the

payment/realization thereof.

b) Costs of the summary suit be provided for and

c) Such further and other reliefs as the nature and circumstances of the

case may require be passed.

d) That this Hon’ble Court may be pleased to pass such others as this

Hon’ble Court may deem fit and proper in interest of justice.

FOR THIS ACT OF KINDNESS, THE PLAINTIFF SHALL BE DUTY

BOUND.

Dated this 5th day of January, 2024

Place- Mumbai

Mr. Srishti Singh Mr. Rajesh Singh

Advocate for the Plaintiff (Plaintiff)
 VERIFICATION

I, Rajesh Singh, age 42 years, an Adult, Indian Inhabitant, the Plaintiff,

Having address at Ground Floor, ABC Building, 2nd road, Maharashtra,

India, do hereby state on solemn affirmation that the contents of the above

paragraphs of the Plaint are based on my own knowledge except paragraphs

that are based on legal advice and information received by me and that I

believe the same to be true and correct.

Solemnly affirmed at Mumbai )

This 5th day of January, 2024 )
Deponent
Before me

Advocate for the Plaintiff

IN THE CIVIL COURT JUNIOR DIVISION,

DINDOSHI, MUMBAI
SUMMARY SUIT NO. ____ OF 2024
(FILED UNDER THE PROVISION OF ORDER
XXXVII RULE 2 OF THE CODE OF CIVIL
PROCEDURE, 1908)

Mr. Rajesh Singh …Plaintiff

Versus
Mr. Amit Shah …Defendants

SUMMARY SUIT

Dated this 5th of January, 2024

Mr. Srishti Singh

Advocate for the Plaintiff
Office No. 501, Hind Chambers,
Kalpataru Marg,
Fort, Mumbai – 400 001.
Office No. – 22 4970 5134.
 IN THE CITY CIVIL COURT AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUMMARY SUIT NO. 222 OF 2024

Rajesh Singh )

S/o. Mr. Arjun Singh )

An Adult, of Age about 42 Years, )

Occ. Being Export business, )

Indian Inhabitant of Mumbai, )

Residing at Vile Parle West, Mumbai )

Aadhar No. 481233241233 )

Mob. No: +919123456782 )

…PLAINTIFF

VERSUS

Amit Shah )

S/o. Narendra Shah )

An Adult, Age about 41 Years, )

Business man in textile industry, )

Indian Inhabitant of Mumbai, )

Residing At Vile Parle West, Mumbai )

Aadhar No. 459845631237 )

Mobile.: +98987654321 )

…DEFENDANT
WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT

1. At the outset, these Defendants say and submit that the present Suit filed
by the Plaintiff is not maintainable against these Defendants on the
following grounds, which are without prejudice to one another :-

a. The Plaintiff's claim hinges on the existence of a valid loan

agreement. However, the plaint fails to adequately establish
consideration for the purported loan. While it mentions the issuance
of three postdated cheques as "security," it does not specify whether
these cheques were directly exchanged for the loan amount or served
another purpose. Without clear evidence of a quid pro quo exchange,
the existence of a legally binding loan agreement may be challenged.

b. The Plaintiff claims entitlement to 15% annual interest on the loan

amount. This rate significantly exceeds the prevailing market rate
for unsecured loans in India. It is necessary to demonstrate
justification for such a high interest rate, considering the absence of
a formal agreement and the nature of the alleged loan (friendly loan
between acquaintances).

c. The case of the Plaintiff is totally based on tempered, forged and

fabricated document. The Plaintiff has concocted a false story, which
is far away from the truth. These Defendants reserve their right to
initiate appropriate action and proceedings against the Plaintiff in
due course of time.

d. That the suit filed by the Plaintiff is not maintainable in law as there
is no cause of action to file the present suit.

e. That the suit filed by the Plaintiff is based on false, frivolous,

vexatious and malicious grounds.
 f. That the Plaintiff has not approached this Hon’ble Court with clean
hands and they have suppressed various materials facts from this
Hon’ble Court and attempted to play fraud upon this Hon’ble Court
by withholding the said facts, touching to the root of the case.

g. That the Plaintiff has made false and incorrect statements on oath
deliberately with dishonest intention to mislead and snatch some
favourable order from this Hon’ble Court.

Therefore, on the aforesaid grounds the suit is liable to be dismissed with

compensatory cost.

2. The Defendant says that we have read the Plaint and denies the claim,
allegations, statements, averments and contents therein in toto, contrary
and inconsistent to their statements and submissions herein under. The
Defendant says that by not denying and dealing with the said claim,
allegations, statements, averments and contents therein specifically and/or
parawise and/or line to line or in verbatim, it shall not be deemed to have
been admitted the same, unless the same is admitted specifically. The
Defendant put the Plaintiff to the strict proof to the said claim, allegations,
statements and averments.

3. At the further outset these Defendants say and submit that before dealing
with the Plaint, the facts of the case is as under:-
a. The Defendant and the Plaintiff have known each other since childhood, having
attended the same school i.e., St. Joseph High School and grew up together
residing in the same building in Vile Parle.
b. Around the third week of January 2022, the Defendant made contact with the
Plaintiff in an attempt to collect the money owed on an earlier loan that the
Plaintiff had taken out from the Defendant when she started to experience
financial troubles in or around May 2021.
c. The Plaintiff was still having financial troubles when the Defendant went to him
in September 2021 to retrieve the money. The Plaintiff begged the Defendant to
give him more time and made a commitment to repay the money by the middle
of January 2022.
 d. In an attempt to recover money, the Defendant contacted the Plaintiff during
the second week of January 2022. However, the Plaintiff requested a one-week
extension. The defendant was patient because of their friendship.
e. The Plaintiff provided the Defendant a check for Rs. 30,00,000/-(Rupees Thirty
Lacs only), with the check bearing number 123456, which the Defendant then
cashed. This happened somewhere in the third week of January, 2022.
f. The Plaintiff persisted in experiencing financial hardships, and he begged the
Defendant for a loan, which the Defendant refused to grant. The Defendant goes
on to say that the Plaintiff began contacting and leaving messages regarding the
loan. The Plaintiff's number was eventually blocked by the Defendant after they
began to ignore the calls and messages.
g. The plaintiff filed a lawsuit with the honorable court, accusing the defendant of
deceiving the court and committing fraud as a result of the defendant's refusal
to assist the plaintiff during his financial hardship.

4. Without prejudice to above, these Defendants deal with the plaint, which
are without prejudice to one another, as under:-

a. The Defendant acknowledges the acquaintance with the Plaintiff but

emphasizes that their relationship was primarily social, not formal or
business-oriented. This distinction may impact the court's
interpretation of their interactions and subsequent loan agreement.
b. The Defendant does not admit borrowing Rs. 30,00,000/- from the
Plaintiff and denies that the three post-dated cheques constituted
security for the loan. We claim they were forged and are not authentic
and the cheque is most likely a forged cheque or the utilization of past
cheques given without a date mentioned and the cheques need to be
examined as there is no degree of authenticity to it.

c. The Defendant vehemently denies any fraudulent intent regarding the

dishonored cheques. The Defendant states that the insufficient funds
resulted from a lack of having any rationale or reason to fulfil any
obligation to the plaintiff as there existed no loan agreement and the
past acceptance of 30 lakhs was not a loan but merely the repayment
of a loan from the plaintiff to the respondent.
d. The Defendant acknowledges receiving the Statutory Notice and
understands the Plaintiff's concerns. We DENY ignoring the notice or
refusing to pay. The defendant attempted to identify the concern and
tried communicating with the lawyer of the plaintiff and when
informed about the claim we understood it was fraudulent and that it
was an attempt to recover an amount which never belonged to the
plaintiff. We deny receiving any further reminders or communications
from the Plaintiff's lawyer. (Herewith attached is a copy of the
Defendant’s reply to the Legal Notice issued by the Plaintiff)
 reasonable and mutually acceptable interest rate based on market
standards and also considering the informal nature of the loan.
e. The Defendant reiterates the lack of a formal loan agreement with
specific terms regarding interest or repayment dates. In an alternative
The Defendant disputes the Plaintiff's claim of a 15% interest rate,
which he considers unreasonable and unsubstantiated by any
agreement or market standards.
f. The Defendant emphasizes his consistent communication with the
Plaintiff throughout 2022 and 2023, providing updates on his
financial situation. He denies deliberately avoiding contact or
neglecting his obligation to inform the Plaintiff. (Herewith attached
are the copies of email communication between 2022 and 2023
between the parties)
g. The Defendant agrees to the jurisdiction of this court to hear this
suit as both parties reside in Mumbai.
h. The Defendant does not admit the principal amount of Rs. 30,00,000
(Rupees Thirty Lakhs) of the loan and further deny the claimed 15%
interest rate. The Defendant reiterates his proposal for a reasonable
and mutually acceptable interest rates.

PRAYER

In the aforesaid circumstances, these Defendants respectfully submits that:

i. The Plaintiff’s claim of interest be dismissed

ii. The Plaintiff’s Claim for the principle of 30 lakhs can not be provided as
there existed no payment due and there was no loan between the parties
where the defendant owed money,
iii. The Defendant requests the court to require the plaintiff to cover all costs
and legal fees related to this case as they have filed a frivolous case.

Adv. Srishti Singh

Advocate for Defendant
VERIFICATION

I, Amit Shah S/o. Narendra Shah, the abovenamed Defendant, Age 41 years,
residing at 44th Street, Vile Parle West, Mumbai, do hereby on solemnly declare
that what is stated in the above Written Statement is verified by me and
same is true and correct as per record and as per my knowledge.

Solemnly declared at Mumbai )

Dated this 12th day of January, 2024 )

(Defendant)

Identified by me,

BEFORE ME:
Adv. Srishti Singh
(Advocate for the Defendant)
 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 23 OF 2022
IN
SUIT NO. 252 OF 2022

Rishab Nangia )

S/o. Baljit Nangia )

An Adult, C i t i ze n , Age about 35 Years, )

Occ Businessman, Indian Inhabitant of Mumbai )

Residing At 201-A, F lowe r Ne st )

H ousin g S ociet y, Ban dra We st , )

M umba i -400050 )

Mob. No.: +91 – 983334 302 ) … APPLICANT

(Original Plaintiff)

VERSUS
)
Arslan Khan
)
S/o. Sajid Khan

An Adult, Senior Citizen, Age about 37 Years, )

Occ. Businessman, Indian Inhabitant of Mumbai, )

Residing At 502, Rose M ina r, Ban dra )

We st, M umba i - 400050 )

Mob. No.: +91 – 9876543210 ) … DEFENDANT

TO,
THE HONOURABLE CHIEF JUSTICE AND
OTHER PUISNE JUDGES OF THE HON’BLE COURT

THE HUMBLE INTERIM APPLICATION

OF THE APPLICANTS ABOVENAMED

MOST RESPECTFULLY SHEWETH

The Applicant above named do hereby state and submits as

under:

1) The Applicant is the Original Plaintiff in the above suit. He and

Defendant agreed upon a Memorandum of Undertaking (herein referred

as “MoU”) (Exhbit “A”) for the sale of the property B-501, Rushi Sanket,

Vile Parle (East), Mumbai-400057 (Herein referred as the “SUIT

PROPERTY”). The Applicant and Defendants are Adults, Indian

Inhabitants, residing at the address mentioned in the cause title.

2) A signed and notarized copy of the MoU between respondent and te

applicant outlining the terms and conditions of the property sale. This document

serves as the foundation of their contractual agreement. As per the MoU, the

agreed sale price of the suit property was Rs. 3 crores. The applicant made

payment to the respondent via Cheque for Rs. 1.5 crores on 20th December 2021,

the receipt and bank statement of which are annexed as Exhibit “B”. The applicant

has made payment for a significant amount of consideration which was required to

be paid as per the MoU. The respondent was obligated to execute the sale deed in

favour of the applicant upon receiving such portion of the consideration. However,

despite repeated demands from the applicant the respondent has failed to do so.
3) The Applicant states that supplementary to the said facts as

mentioned in the Plaint of the above Civil Suit, on 2nd Feburary 2022, it

shockingly came to the knowledge of the applicant that, the

Defendant, by his illicit influence, malicious and with dishonest motive

is attempting to create third-party rights by entering into negotiation

with Mr. Rohit Patel regarding the sale of the suit property. The

applicant strongly objects and protests such actions of the respondent

by his letter dated 3rd February 2022 addressed to the respondent.

Hereto marked and annexed as Exhibit “C” is a copy of the letter dated

3rd February 2022. The Applicant further states that, as on 24th April

2022 he hasn’t received any reply to his letter dated 3 rd February 2022.

Therefore, he craves leaves to refer and rely on the copy of the Reply to

letter dated 24th April 2022 as and when required or received from

them.

4) The applicant became aware about the creation of third-party rights by the

defendant through Mr. Devraj Mishra, who is a real estate broker (herein referred

as “AGENT”). The applicant has annexed as Exhibit “D” a copy of email trail

between the agent and the respondent wherein the respondent has asked the

agent to provide Mr. Rohit Patel with title documents and the keys of the suit

property. Creating third-party rights without proper disclosure to the applicant

might be considered a violation of legal standards and contractual obligations, it is

a clear breach of the MoU.

5) In view of above circumstances, the Applicant is strongly

apprehensive and anticipating some dishonest acts by the hands of the

Defendants which has seriously caused and prejudiced his right, title,

interest and share in the said suit property. Thus, the Applicant is

entitled to Injunction inter alia with others relief/prayers as more

particularly mentioned in the Plaint.

6) The Applicant states that he has sufficient proof of his right, title,

interest and share in the suit property. Therefore, the Applicant has good

case on merits and prima faces evident on the strength of present Suit.

Hence, he has genuine cause of action in the present Suit and

legitimately entitled for the prayers and reliefs as madeherein below.

7) Thus, if this present applicaton is allowed, no harm, prejudice and

hardship will be caused to anyone including the Defendant herein

and on the other hand if the present applicaion is not allowed great

harm, prejudice and hardship will be caused to the Plaintiff.

Therefore, in the facts and circumstances mentioned hereinabove, this

application may be allowed in the interest of justice and for the

balance of convenience in the favour of the Plaintiff.

8) The Applicant undertake to pay such sum by way of damages or

costs as this Hon’ble Court may award as compensation in the event of

the affected party sustaining prejudice by any order that may be made

on the present Interim Application.

9) The Applicants has paid fixed Court fee payable on this

Application.

10) The Applicant states no other proceeding is pending in any other

 court in India touch the subject matter of this Interim Application.

11) The Applicant further states that he craves leave of this Hon'ble Court to

amend, alter, delete, add and modify the statement/s as mentioned

herein above.

12) In view of above, the Applicant prays as under:

a) That pending the hearing and final disposal of the above suit, this

Hon’ble Court be pleased to appoint Court Receiver, High Court,

Bombay or some other fit and proper person as Receiver in respect of

the suit properties as more particularly described in the Schedule of

properties being Exhibit “A” hereto with all the powers under Order

40 Rule 1 of the Code of Civil Procedure, including the power to sell

the suit property.

b) Restrain the defendant, his agents, representatives, or anyone acting on their

behalf, from creating any third-party rights or encumbrances on the suit

property.

c) Restrain the defendant from transferring, alienating, or disposing of the said

property during the pendency of these proceedings.

d) That during the pending of hearing and final disposal, this Hon'ble Court

may be pleased to pass an Order both Interim/ad- interim and/or Ex-party

relief in terms of prayer.

e) Costs of the present Interim Application be granted for; and

f) That this Hon'ble Court may be pleased to pass such others as this
 Hon'ble Court may deem fit and proper in interest of justice.

FOR THIS ACT OF KINDNESS, I SHALL BE DUTY BOUND.

Dated this 24th April, 2022. Place –

Mumbai.

Rishab Nangia
(PLAINTIFF)
 VERIFICATION

I, Rishab Nangia S/o. Baljit Nangia , abovenamed

Plaintiff, Age 35 years, residing at Flower nest housing society, Bandra west,
Mumbai-40050, do hereby on solemnly declare that what is stated in the above
Affidavit is verified by me and same is true and correct as per record and as per my
knowledge.
Solemnly declared at Mumbai )
Dated this 24th day of April, 2022. )

Rishab Nangia

(Plaintiff)

Identified, Read and Explained by me,

BEFORE ME:

Srishti Singh

Advocate for Plaintiff

 BEFORE THE HON’BLE BOMBAY HIGH COURT
ORDINARY ORIGICNAL CIVIL JURISDICTION
IA NO. 23 OF 2024 IN
SUIT NO. 2 5 2 OF 2023
Rishab Nangia …Plaintiffs
Versus
Arslan Khan … Defendant

**************************************************************
INTERIM APPLICATION
*************************************************************
Dated this 24th day of April, 2022

_Advocate Name Srishti Singh

Advocate for the Plaintiff
Office Address: Hind Rajasthan
Chamber, Fort.

Mob: 9833234356
Mail:
srishtisingh@gmail.com
 IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. 2402 OF 2024
(UNDER ARTICLE 32 OF THE CONSITUTION OF INDIA)

IN THE MATTER OF

Mr. Prem Chopra

S/o. Mr. Ramesh Chopra
An Adult, Age about 26 Years
Occ. Chef
R/o.Vile Parle (East), Mumbai. …PETITIONER

VERSUS

1) Union of India
Through Secretary,
Ministry of Law & Justice
Government of India,
New Delhi – 110001

2) Divisional Commissioner of Police,

Mumbai Division (Suburban).

3) Deputy Commissioner of Police,

Mumbai Division.

4) Senior Inspector Bharat Gaikwad,

Andheri Police Station, Mumbai (Suburban). …RESPONDENTS
1
PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF
INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF
HABEAS CORPUS.

To,
Hon'ble the Chief Justice of India and
His Companion Justices of the
Hon'ble Supreme Court of India
the humble petition of the
Petitioner named above

MOST RESPECTFULLY SHEWETH:

1. This petition has been instituted on Suo Moto Cognizance Powers of the Supreme
Court, acting upon a letter dated 21st November 2023 sent to the Chief Justice of India
by Mr. Prem Chopra.

2. FACTS OF THE CASE

2.1 That the petitioner, Mr. Prem Chopra, is a law-abiding citizen of India and a resident
of Mumbai, employed as a Chef at Mariott. Mr. Prem Chopra is an ordinary Middle-
Class individual coming from a humble background. Mr. Prem has no previous
criminal record & has carried a good reputation amongst colleagues throughout his
career as per HR & Employment reports.
2.2 That the petitioner has been falsely accused of a heinous crime of raping a co-worker,
Ms. Jiya Kapoor, at the Juhu branch of Marriot, on 15th November 2023. Ms. Jiya
Kapoor filed a Police Complaint against Mr. Prem Chopra on the evening of 17th
November 2023 at Juhu Police Station.

2
2.3 That despite the lack of substantial evidence implicating the petitioner, the respondent
police authorities, in a blatant disregard for the rule of law, have proceeded to arrest the
petitioner on 18th November, under the direction of Senior Inspector Bharat Gaikwad.
2.4 That upon his arrest, the petitioner was not presented before the Magistrate within the
mandated 24-hour period, a grave violation of his fundamental rights as enshrined under
Article 22(2) of the Constitution of India & Section 57 of the Criminal Procedure Code,
1973.
2.5 That subsequent to his unlawful detention, the petitioner has been subjected to
egregious acts of torture, including but not limited to, third-degree methods aimed at
extracting a confession from him.
2.6 That in contravention of established legal norms, the petitioner has been denied access
to his relatives, advocates, or any other representatives who could assist him in
defending his innocence and safeguarding his rights.
2.7 That in a desperate bid to seek justice and uphold his fundamental rights, the petitioner
managed to clandestinely write a letter to the Chief Justice of India, apprising him of
the harrowing circumstances surrounding his unlawful arrest, detention, and torture.
2.8 That the petitioner, through this writ petition, invokes the jurisdiction of this Hon'ble
Court under Article 32 of the Constitution of India, seeking the issuance of a writ of
habeas corpus, directing the respondents to produce his physical body before this
Hon'ble Court and set him at liberty forthwith.

3. That the petitioner further prays for the appointment of a special investigation team
(SIT) or any other appropriate authority to conduct an impartial and expeditious inquiry
into the false allegations levelled against him, and to take stringent action against the
erring officials responsible for his wrongful arrest, detention, and torture.
That the petitioner apprehends grave and irreparable harm to his life, liberty, and dignity
if urgent judicial intervention is not forthcoming in the matter.

4. QUESTION(S) OF LAW
4.1 The respondent authorities violated Article 22(2) of the Indian Constitution by failing
to produce the petitioner before the Magistrate within the mandated 24-hour period
following his arrest.

3
4.2 The petitioner's right to life and personal liberty guaranteed under Article 21 of the
Constitution has been infringed upon by the unlawful detention and torture inflicted
upon him by the respondent authorities.
4.3 The denial of access to legal counsel, relatives, or any other representatives during the
petitioner's detention constitutes a violation of his right to legal aid and fair trial under
Article 21 and Article 22(1) of the Constitution.
4.4 The torture inflicted upon the petitioner by the respondent authorities constitutes a
flagrant violation of the prohibition against torture under both domestic law and
international human rights norms.
4.5 The failure of the respondent authorities to adhere to established legal norms and
procedural safeguards has resulted in a miscarriage of justice and a violation of the
petitioner's right to speedy trial as guaranteed under Article 21 of the Constitution.
4.6 The suo moto cognizance taken by the Supreme Court upon receipt of the petitioner's
letter underscores the necessity for urgent judicial intervention to redress the violations
of fundamental rights suffered by the petitioner.
4.7 The actions of the respondent authorities, if left unchecked, pose a grave threat to the
rule of law and the constitutional machinery, necessitating the intervention of this
Hon'ble Court to uphold the sanctity of the Constitution and protect the fundamental
rights of the petitioner.

5. GROUNDS FOR ISSUING THE WRIT OF HABEAS CORPUS

5.1 Unlawful Arrest: The petitioner was arrested without proper adherence to the
procedural safeguards mandated under Article 22(2) of the Constitution of India, as the
respondent police authorities failed to produce him before the Magistrate within the
requisite 24-hour period. This constitutes a flagrant violation of the petitioner's
fundamental rights.
5.2 Illegal Detention: The petitioner has been unlawfully detained by the respondent
authorities, as there is no valid legal basis for his continued confinement. The absence
of any concrete evidence linking him to the alleged crime further underscores the
arbitrariness of his detention.
5.3 Torture and Ill-Treatment: The petitioner has been subjected to egregious acts of torture,
including third-degree methods aimed at extracting a confession from him. Such
inhumane and degrading treatment not only violates the petitioner's dignity but also

4
 contravenes the prohibition against torture under both domestic law and international
human rights norms.
5.4 Denial of Access to Legal Counsel and Relatives: The petitioner has been denied access
to legal counsel, relatives, or any other representatives during his detention, thereby
impeding his ability to exercise his right to legal aid and fair trial. This denial of access
undermines the principles of natural justice and due process guaranteed under the
Constitution.
5.5 Failure to Present Before Magistrate: The failure of the respondent authorities to present
the petitioner before the Magistrate within the mandated 24-hour period deprives him
of the opportunity to have the legality of his detention examined by a judicial authority,
as contemplated under Article 22(2) of the Constitution.
5.6 Right to Personal Liberty: The petitioner's continued detention without lawful authority
infringes upon his sacrosanct right to personal liberty guaranteed under Article 21 of
the Constitution, which forms the bedrock of individual freedom and dignity in a
democratic society.
5.7 Right to Speedy Justice: The delay in presenting the petitioner before the Magistrate
and the subsequent prolonged detention without trial violate his right to speedy justice,
as enshrined under Article 21 and reiterated by various decisions of this Hon'ble Court.

6. AVERMENT
6.1 The Plaintiff states that, save and except the present Suit, they have not filed any other
Application/Petition/Plaint or any other legal proceeding in relation to the present
subject matter of the partition and separation in the present Suit before this Hon’ble
Court or any other Court within India.
6.2 The petitioner asserts the jurisdiction of this Hon'ble Court under Article 32 of the
Indian Constitution, which vests in the Supreme Court the solemn duty to safeguard the
fundamental rights of citizens. The petitioner contends that the actions of the respondent
authorities, in unlawfully arresting, detaining, and subjecting him to torture, constitute
a grave violation of his fundamental rights enshrined under Articles 21 and 22 of the
Constitution. It is submitted that the exercise of jurisdiction by this Hon'ble Court is
imperative to redress the egregious violation of the petitioner's fundamental rights and
ensure the preservation of the rule of law.

5
6.3 The petitioner asserts his locus standi to file the present writ petition, notwithstanding
the suo moto cognizance taken by this Hon'ble Court upon receipt of a letter from the
accused. It is submitted that the petitioner, being the aggrieved party and the victim of
the alleged violations of fundamental rights, possesses the requisite standing to
approach this Hon'ble Court for redressal. Furthermore, the petitioner contends that the
suo moto cognizance powers exercised by the Supreme Court do not detract from his
right to seek judicial remedy, but rather reinforce the Court's commitment to uphold the
rule of law and protect the rights of all individuals, irrespective of the manner in which
the matter came to its attention.
6.4 The petitioner avers that the balance of convenience squarely favours him in seeking
relief through the present writ petition. It is submitted that the petitioner, being
unlawfully detained and subjected to torture, faces imminent and irreparable harm to
his life, liberty, and dignity. Conversely, any delay or denial of relief would perpetuate
the violation of the petitioner's fundamental rights and exacerbate the injustice he has
suffered. Therefore, it is imperative that this Hon'ble Court, in the exercise of its
extraordinary jurisdiction, grants urgent relief to the petitioner, thus restoring the
balance of convenience in his favour.
6.5 The petitioner submits that the issuance of the writ by the Supreme Court is not only
warranted but imperative in the present circumstances. The petitioner contends that the
violations of fundamental rights perpetrated against him strike at the very core of the
constitutional framework and threaten the foundational principles of justice, fairness,
and the rule of law. Failure to intervene would not only perpetuate the miscarriage of
justice suffered by the petitioner but also undermine the integrity and efficacy of the
constitutional machinery. Therefore, it is imperative that this Hon'ble Court, as the
guardian of the Constitution, exercises its jurisdiction and issues the writ, thereby
upholding the sanctity of the Constitution and reaffirming the supremacy of
fundamental rights in our democratic polity.

6
 7. PRAYER

In light of the egregious violations of fundamental rights and the rule of law perpetrated against
the petitioner, Mr. Prem Chopra, the following comprehensive prayer is respectfully
submitted for the consideration of this Hon'ble Court:

a) Issue a writ of habeas corpus, directing the respondents to produce the physical body
of the petitioner, Mr. Prem Chopra, before this Hon'ble Court forthwith, and order his
immediate release from unlawful detention.
b) Constitute a special investigation team (SIT) or any other appropriate authority to
conduct a thorough and impartial inquiry into the false allegations levelled against the
petitioner and the grave violations of law and constitutional rights committed by the
respondent authorities. Ensure that stringent action is taken against the erring officials
responsible for the petitioner's wrongful arrest, detention, and torture.
c) Direct the respondent authorities to provide adequate medical treatment and
rehabilitation to the petitioner for the physical and psychological trauma suffered as a
result of the torture inflicted upon him during his unlawful detention.
d) Grant appropriate compensation to the petitioner for the violation of his fundamental
rights, including but not limited to, compensation for the physical and psychological
harm endured, loss of reputation, loss of livelihood, and the expenses incurred in
pursuing legal remedies.
e) Order the formulation and implementation of guidelines and standard operating
procedures (SOPs) to prevent the recurrence of such egregious violations of
fundamental rights by law enforcement agencies in the future. Ensure that training
programs are conducted for law enforcement personnel to sensitise them to the
importance of upholding human rights and the rule of law.
f) Pass any other order(s) or direction(s) as this Hon'ble Court deems fit and proper in the
circumstances of the case, in the interest of justice, equity, and the preservation of
constitutional values.

Reserve the right to seek further relief, amend, supplement, or modify the prayers, as may be
deemed necessary in the interest of justice and in light of any new developments that may arise
during the course of the proceedings.

7
The petitioner humbly submits that the granting of the foregoing reliefs is imperative to redress
the grave injustices suffered by him, uphold the rule of law, and preserve the sanctity of the
Constitution of India.

FOR THIS ACT OF KINDNESS, THE PLAINTIFF SHALL BE DUTY BOUND

Settled By:
Mr. Mohan V. Katarki,
Senior Advocate

Drawn by:
Mr. Gaurav Agarwal, Advocate

Filed by:
Ms. Srishti Singh,
Advocate-on-Record

Filed on: 29th November

2023
Place : New Delhi

8
 Pa~e No.
Date

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 IN THE FAMILY COURT, BANDRA (MUMBAI)
DIVORCE PETITION NO. 467 OF 2024
IN THE MATTER OF SECTION 13(B) OF HINDU MARRIAGE ACT 1956

Mrs. Muskaan Bhatt )

D/o, Jigar Bhatt, Aged: 27 years )
Adult, Indian Inhabitant, Occ: Teacher )
Address: Flower Nest Housing Society, )
Bandra (W), Mumbai-400050 )
Email Id: muskaanbhatt@gmail.com )
Mobile No: +91-7777733378 )
Adhaar Card No: 485672109 ) …….. PETITIONER NO. 1

AND
Mr. Saahil Aykaar, )
S/o, Ramesh Aykaar, Aged: 29 years )
Adult, Inhabitant, Occ: Businessman )
Address: Sunaina Apartments, Khar, )
Mumbai- 400052 )
Email Id: saahilakyaar@gmail.com )
Mobile No: +91- 9998887654 )
Adhaar Card No: 437890123 ) ……… PETITIONER NO. 2

THE HON’BLE PRINCIPAL JUDGE

AND OTHER JUDGES OF THE HON’BLE COURT
THE HUMBLE JOINT PETITON OF THE
PETITIONERS ABOVENAMED:
MOST RESPECTFULLY SHEWETH:
1. The Petitio ner No . 1 i s an Adult , ag ed ab ou t 27 years, Hindu, I n d i a n
Inhabitant residing at the address mentioned in the title of the Petition and has
her domicile in the Maharashtra with Aadhar Card No.:485672109. The
 Petitioner No. 2 is also an Adult, aged about 29 years, Hindu, Indian Inhabitant
residing at the address mentioned in the title of the Petition and has Aadhar
Card No.: 437890123. Hereto annexed and marked as EXHIBIT – “A” &
“B” is copies of the Aadhar Card of the Petitioner No. 1 and Petitioner No. 2,
respectively.

2. The petitioners got married on 8th February 2019 at Taj Lands’ End, Bandra
(W), Mumbai as per Hindu customs and rites. The marriage has been
registered with the sub-registrar, Mumbai hereto annexed and marked as
EXHIBIT – “C” is copy of the Marriage Certificate being No: 27089.
Hereto also annexed and marked as EXHIBIT – “D” & E are the photocopy
of wedding invitation and photographs of the Petitioners at the time of their
marriage.

3. The Petitioners after their marriage started residing at Sunaina Apartment, Khar,
Mumbai-400052. The Petitioners state that there is one daughter, Maliha from the
wedlock who was born on 10th August 2022. Hereto annexed as EXHIBIT- “F” is a copy
of birth certificate of the child.

4. The Petitioners state that there has been no cohabitation between them since 20th
September 2022 and the said period is a period more than one year immediately preceding
the presentation of the present petition.

5. The Petitioners state that all the efforts were also made by the friends and
members of their family to resolve the said differences but to no avail. The
Petitioners have not been able to live together though; the relatives of the
Petitioners tried their level best to solve their differences, disputes and
misunderstandings but all the efforts failed.

6. The Petitioners without making any allegation against each other have mutually
concluded, decided, and agreed to take divorce by mutual consent.

7. The Petitioners submits that, they have also signed and executed the Consent
Terms dated 29th February 2024 which is attached and marked herewith as
EXHIBIT – “G”. The Petitioners admits, confirms and adopts all the
averments statements and contents of the said at Exhibit “G” as mentioned
therein and same be tried as a part and parcel of the present Petition and legal-
enforceable/binding on both of them, respectively.
8. The Petitioners submit that no proceedings of any nature are filed in any
Court of law in respect of the said marriage of the Petitioners.
9. The Petitioners submit that there is no collusion or connivance between the
Petitioners. The Petitioners say that no force, fraud, collusion or undue
influence is exercised by any one upon them for the filing of the present
Petition.

10. That the present consent terms constituted the full and final settlement between the
Petitioners and it constitutes one composite whole and none of them are severable from
each other.

11. The Petitioners respectfully submit that they are presenting this Petition for
divorce by mutual consent before this Hon’ble Court after the expiry of the
period of two years being the settlement between them is absolutely not possible.
Therefore, the Petitioners may be allowed to present this Petition for divorce by
mutual consent and the permission to present Petition may be granted in the
interest of justice and equity.

12. The Petitioners states and submits that, the Petitioners has good case and
sufficient entitled for the reliefs on the strength of this present Petition. Thus,
if this present Petition is allowed, no harm, prejudice and hardship will be
caused to anyone and on the other hand if the present Petition is not allowed
great harm, prejudice and hardship will be caused to the Petitioners which
cannot be compensated in terms of monetary grounds. Therefore, in the facts
and circumstances mentioned hereinabove, this Petition may be allowed in the
interest of justice and for the balance of convenience in the favour of the
Petitioners.

13. The Petitioners have paid Court Fees of Rs. Rs. 100 as per the provisions of
the Court Fees Act.

14. The Petitioners will rely on documents a list whereof is annexed hereto.

15. The Petitioners therefore PRAY:

a. That the marriage of the Petitioner No. 1 with the Petitioner No. 2 performed on 8th
February 2019 be dissolved under section 13B of The Hindu Marriage Act, 1955,
by an order and decree of this Hon'ble Court.

b. Such further and other reliefs as the nature and circumstances of the case may require.
Dated this 2nd of March, 2024

Place- Bandra

(PETITIONER NO. 1)

(PETITIONER NO.2)
 VERIFICATION

I, Muakaan Bhatt the Petitioner No.1 abovenamed, Hindu, Indian Inhabitant, age 27 years,
residing at A-301, Flower Nest Housing Society, Bandra (W), Mumbai-400050, do hereby
state on solemn affirmation and declare that whatever is stated in the foregoing paragraphs
of the petition is true to my own knowledge.

Solemnly affirm at Bandra )

Date: 31st of January 2024 )

(Petitioner No.1)

Identified by me BEFORE ME

Advocate, High Court

 VERIFICATION

I, Saahil Aykaar the Petitioner No.2 abovenamed, Hindu, Indian Inhabitant, age 29 years,
residing at 201-B, Sunaina Apartment, Khar, Mumbai-400052, do hereby state on solemn
affirmation and declare that whatever is stated in the foregoing paragraphs of the petition is
true to my own knowledge.

Solemnly affirm at Bandra )

Date: 31st of January 2024 )

(Petitioner No.2)

Identified by me BEFORE ME

Advocate, High Court

 CONSENT TERMS BETWEEN THE PETITIONER NO.1 & 2

This Consent Terms dated 29th February 2024 is entered into between Mrs. Muskaan Bhatt
(hereinafter referred to as "Wife") and Mr. Saahil Aykaar (hereinafter referred to as
"Husband"), collectively referred to as the "Parties," for the purpose of mutual consent
divorce proceedings initiated by them before this Hon’ble Court

1. The Petitioners do hereby agree and confirm that the above Petition was filed by
both of them under section 13B of the Hindu Marriage Act, 1955, be Decreed as
prayed.

2. Property Division: The Parties Jointly own a flat located at B-401, Royal
Apartment, Vile Parle (East), Mumbai-40057, which was gifted by wife’s parent in
dowry to the parties. They agreed on the said property to be retained by the wife.

3. Vehicles: The Parties agree to retain Vehicles registered in their respective names
and the car gifted by parents of the wife, MG Hector to be retained by her. The
Husband shall retain ownership of the car with registration no. 2309, and the wife
shall retain ownership of car with registration no.5555.

4. Ornaments: The Parties agree to divide all ornaments, gold, silver and personal
belongings equally.

5. Future Transactions: The Parties agree not to undertake any financial transactions
jointly or on behalf of each other post the dissolution of marriage, without mutual
consent, except for matters related to their child, Maliha Aykaar.

6. Maintenance: The Husband agrees to pay monthly maintenance of Rs. 35,000 to the
Wife and Rs. 50,000 for the upkeep of their child, Maliha Aykaar, until he attains the
age of majority or until further orders of the Court.

7. Inheritance Rights: Both Parties waive any claim to inheritance from the other
Party's family and agree not to challenge each other's inheritance rights in the future.

8. Custody of Child: The Parties agree that wife shall retain the custody of the child,
Maliha Aykaar. The Husband shall be allowed to visit her at any reasonable time and
place.

9. Restriction on Funds Usage: The Parties shall not utilize the funds meant for the
children's future for personal expenses without prior consent from each other. Any
breach of this clause shall be considered a violation of the Consent Terms.

10. Acknowledgment of Consent Terms: Both Parties acknowledge that they have
 read, understood, and agreed to abide by all the terms and conditions contained
herein.

11. Legal Enforceability: The Parties agree that these Consent Terms shall be legally
enforceable and binding upon them, and may be presented before any competent
court of law, if required.

During the pendency of the above Mutual Consent Divorce Petition till the decree therein,
the parties herein, do hereby confirm and undertake that they shall not revoke/cancel/
rescind their consent in any manner whatsoever as mentioned herein above.

The parties herein do hereby agree, admit and confirm, and declare, that they shall do all the
acts, deeds and other required actions required and to extend full co-operation for the
implementation of the present consent term and disposal of the above Petition.

The Parties herein states, declares and confirms that this present consent terms signed and
executed without there being any practice of collusion. The present consent terms are not
been obtained by coercion/force, misrepresentation, fraud or undue influence and same is
purely free consent against each other.

Both the parties herein undertake to abide by these consent terms and the same are binding
upon both of them.

No order as to Cost.

The consent decree be drawn up as per consent terms.

Dated: 29th February 2024

Place- Bandra, Mumbai.

(Petitioner No.1) (Petitioner No.2)

Mrs. Muskaan Bhatt Mr. Saahil Aykaar

 Page No.

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Page· No.
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DONO

,.
 SALE DEED

THIS SALE DEED is made at Mumbai on this 3rd day of March 2024.

BETWEEN:

Mr. Dhaval Mehta aged 47 years S/o Mr. Abhir Mehta R/o 705-A, Flower Nest
Apartment, Bandra West, Mumbai-400050 (hereinafter referred to as the
SELLER which expression shall, unless repugnant to the context or meaning
thereof shall mean and include his heirs, executors, administrators and assigns
of the FIRST PART)

AND

Mr. Nitesh Ranavat aged 40 years s/o Mr. Jitendra Ranavat R/o 401, Rose Minar,
Bandra West, Mumbai-400050 (hereinafter referred to as the PURCHASER which
expression shall, unless repugnant to the context or meaning thereof shall mean
and include his heirs, executors, administrators and assigns of the SECOND
PART).

The SELLER and the PURCHASER are hereinafter referred collectively as

parties and individually as party.

The term SELLER and PURCHASER, unless repugnant to the context, shall mean and
include their respective heirs, successors, executors, administrators, trustees, legal
representatives and assigns WITNESSTH:

WHEREAS the SELLER herein is the sole and absolute owner of

immovable property being Flat / Apartment No.301 on the 3rd
Floor of the building known as “Island Heights” situated at Mount Marry
Road, Bandra West, Mumbai-400050 and bearing Corporation No.
340, with a super built-up area of 2080 sq.ft. together with 100% share of
undivided interest along with common areas and facilities including car parking
lot in the basement, which Flat / Apartment is more fully described in the schedule
hereunder and hereinafter called the Schedule.

WHEREAS the SELLER of the Flat / Apartment, he having purchased the same
from Shri. Himesh Patel in terms of Sale Deed dated 12th January 2012 duly
registered as Document No. 503 Book – I, Volume VIII at Pages 1009 on date
17TH January at the Office of the Sub-Registrar, since then the SELLER has been
in possession and enjoyment of the Schedule Flat / Apartment.

WHEREAS the SELLER herein being desirous of selling the Schedule Flat /
Apartment, offered the same to the Purchaser and the Purchaser has agreed to
purchase the Schedule Flat / Apartment in terms of an oral agreement for a total
sale consideration of Rs. 5 crores (Rupees Five Crores only) and the Purchaser in
terms of the aforesaid oral agreement agreed to pay the entire sale consideration
at the time of execution of the sale deed

IN CONSIDERATION of the Purchaser having paid the entire sale consideration

of Rs. 5 Crores (Rupees Five Crores only) as aforesaid, the receipt of which has
been duly acknowledged by the SELLER, who acquits the Purchaser from
making any further payments towards sale consideration, the SELLER, as
beneficial owner, DOES HEREBY GRANT, CONVEY, TRANSFER BY WAY
OF SALE AND ASSIGN unto and in favour of the Purchaser the Schedule Flat /
Apartment and every part thereof together with the right, title and interest therein,
with all the benefits, advantages, concessions, licenses, hereditaments,
easementary rights, equities, claims, demands etc., attached to belonging to and
reputed to belong to the Schedule Flat / Apartment TO HOLD, TO POSSESS
AND TO ENJOY the same for ever free from all encumbrances, subject to
common rights of owners of remaining shares of undivided interest in the land
and the Flat / Apartments attributable thereto.

The SELLER hereby declares and covenants with the Purchaser that he is the sole
and absolute owner of the Schedule Flat / Apartment and has a clear, legally valid
and marketable title thereto and therefore an absolute right to sell and convey the
same to the Purchaser in terms of this Deed. The SELLER further declares that
he has not done any acts, deeds or things so as to curtail, restrict or prejudice his
right to convey or prevent him from selling the Schedule Flat / Apartment in terms
of this Deed.

WHEREAS the Purchaser having now paid the entire sale consideration as
detailed below, has requested the SELLER to execute the Sale Deed in his favour
and the SELLER has duly agreed thereto,

NOW THEREFORE THIS DEED OF ABSOLUTE SALE WITNESSETH AS

HEREUNDER:

1. The SELLER hereby confirms that the Purchaser has paid the entire
sale consideration as under:

1.1 Amount paid by Cheque No. 73345, Dated 26th December 2023
drawn on Axis Bank, Rs. 1,50,00,000/-.

1.2 Amount paid by Cheque No.8900, Dated 12th January drawn on Axis
Bank, Rs. 2,00,00,000/-.

1.3 Amount paid by Cheque No.8900, Dated 28th February drawn on

Axis Bank, Rs. 1,50,00,000/-.

2. The SELLER hereby further declares that the Schedule Flat /

Apartment is free from all encumbrances, lien, charge, mortgage,
lease, court or other attachments, lis-pendens, acquisition and
 requisition proceedings, minor’s claims or any other adverse
proceedings or claims from third parties which are in any way
detrimental to the interest of the Purchaser.

3. The SELLER hereby assures the Purchaser that all taxes and levies
on the Schedule Flat / Apartment have been paid up to date and
arrears if any, till the date of the Sale Deed shall be duly paid by him
and future taxes in respect of the Schedule Flat / Apartment shall be
paid by the Purchaser.

4. The SELLER hereby declares and covenants with the Purchaser that
he shall do or cause to be done all acts, deeds and things which are
legally and reasonably required to be done at the instance of the
Purchaser for morefully and perfectly assuring the right, title and
interest of the Purchaser in the Schedule Flat / Apartment herein
conveyed and the Purchaser shall bear such expenses.

5. The SELLER hereby indemnifies and shall keep the Purchaser or his
successorsin-title fully indemnified against any loss or liability, cost
or claims, action or proceedings, if any should arise, at any time in
future against him owing to any defect in or for want of clear and
marketable title or due to any default, violation or non-compliance of
any of the declarations or covenants herein.

6. The Purchaser shall be the sole and absolute owner of the Schedule
Flat / Apartment with attendant rights of ownership, possession,
enjoyment and shall be entitled to deal with or dispose off the
Schedule Flat / Apartment as he deems fit without any interference,
obstruction or hindrance from the SELLER or anyone claiming
under, through or in trust from him.

7. The Stamp duty, Registration charges and other incidentals have

 been borne by the Purchaser.

8. The SELLER has this day delivered the vacant possession of the
Schedule Flat / Apartment to the Purchaser along with all the
available original title deeds and documents which are in his
possession pertaining to or relating to the Schedule Flat / Apartment.
 SCHEDULE OF FLAT / APARTMENT

(Conveyed under this deed)

All that piece and parcel of immovable property being Flat / Apartment No. 301-
A, 3rd Floor of the building known as “Island Heights”, situated at and bearing
Corporation No.340, Mount Marry Road, Bandra West, Mumbai-400050, with a
super built up area of 2080 sq.ft. together with 100% share of undivided interest
in the flat, along with common areas and facilities attributable thereto which area
includes one car parking lot in the basement.

Market Value of the property is Rs. 5 Crores (Rupees Five Crores only).

The Stamp Duty is paid on the market value as computed above.

IN WITNESS WHEREOF the parties herein have affixed their respective

signatures to this Sale deed at Bandra on 3rd day of March month of 2024 in the
presence of the witnesses:

WITNESSES:

1. Shyam Singh

2. Yousha Khan

SELLER

PURCHASER
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

BADRA, MUMBAI.

Complaint No. 501 of 2024

IN THE MATTER 0F: -

Vishal Khanna )

S/o. Shri Mohan Khanna, age: 37 )

Residing at 401-B, Kshitij Building )

Hill road, Bandra (W), Mumbai-400050 )

Mobile No. +91-8933234301 ) ……….. COMPLAINANT

V/s.

Vikas Thakur )

S/o. Ravindra Thakur, age: 34 )

Residing at Prabhu Krupa Apartment, )

16th Road, Bandra (W), Mumbai-400050 )

Mobile No. +91- 9877273743 )…………. ACCUSED

 COMPLAINT UNDER SECTION 138 READ WITHSECTION 142 OF THE
NEGOTIABLE INSTRUMENTSACT,1881 ON BEHALF OF THE
COMPLAINANT.

MOST RESPECTFULLY SHOWETH:

1. That the complainant is a law-abiding citizen of India and has been residing with his
family at 401-B, Kshitij Building, Hill Road, Bandra (W), Mumbai-
400050.
2. That the complaint has been carrying on a business of selling dairy products as Milk,
Lassi and Paneer, etc, under the name “Khanna Dairy” at Shop No. B-233, Bazaar
Road, Bandra (W), Mumbai-400050.
3. That complaint was introduced with the accused by the elder brother of the accused
namely Vishal Thakur in the year 2013. The complaint had good family relations
with Vishal Thakur, the elder brother of the accused as both had studied together in
college from 2009-2011 in Mithibai College, Vile Parle West, Mumbai.
4. That the families of the complainant and the accused were very close to each other as
both the families used to meet with each other on the eve of festivals, birthday
parties, and marriages. Sometimes, the complainant used to help and support the
family of the accused financially as they were in good relations.
5. That the accused borrowed money from the complainant on different occasions. The
accused also returned the borrowed money to the complainant whenever the
complainant raised the demand this is evident from the bank account of the
complainant.
6. That the accused contacted the complainant in the last week of August
2023 and asked for a friendly loan of Rs.5,00,000/- (Rupees Five Lakh
only) for the purpose of construction of his house. The complainant was
 aware of the conduct and behaviour of the accused since 2009 so the
complainant had no doubt to grant him a friendly loan of the aforesaid
amount. The complainant assured the accused that the complainant had
only Rs.10,000/- (Rupees Ten Thousand only) cash in his home.
7. That the complainant withdraw cash of Rs.4,90,000/-(Rs. Four Lakh and
Ninety Thousand only) from his bank account on 27.08.2023 and by
addingRs.10,000/- (Rs. Ten Thousand only) cash from his home, handed
over Rs.5,00,000/- (Rs. Five Lakh only) to the accused at his home in the
presence of his elder brother namely Vishal Thakur.
8. That the accused in August 2023, demanded Rs.30,000/- (Rupees Thirty
Thousand only) again for the work of electricity fitting in his newly
constructed house. The complainant further handed over the cash amount
of Rs. 30,000/- (Rs. Thirty Thousand only) to the accused from
his personal savings.
9. That the complainant raised the demand of Rs.5,30,000/- (Rupees Five
Lakh and Thirty Thousand only) from the accused to return his money.
At this, the accused promised to the complainant to return the aforesaid
amount soon.
10. That the Complainant, in the last week of August 2023, repeatedly
requested and contacted the accused through mobile calling and by
sending the text messages to return his friendly loan as the complainant
was in need of the money for his business. The complainant noticed that
the accused had made distance from him by ignoring his mobile calls and
messages and also stopped to pick up the mobile calls of the
complainant. The accused replied of the messages of the complainant
sometimes.
11. That When the complainant approached the accused's house last week of
August 2023, the accused issued two cheques as details below in favour
 of the complainant for discharge of his all liability. The details of the Cheque
are as follows:
11.1. Amount paid by Cheque No. 196104, Dated 30.09.2023 drawn on Axis
Bank, Rs. 5,10,000/-.
11.2. Amount paid by Cheque No. 196103, Dated 07.10.2023 drawn on Axis
Bank, Rs.15,000/-.
12. That accused further assured the complainant that these cheques will be
honoured on presentation at its due date subject to the condition that the
said cheques may not be presented for encashment until he arranges to
deposit requisite fund in his bank account and confirmed to do so.
Thereafter he kept making excuses that his mother recently retired from
government job and retirement award/money yet to be came and giving
such false assurance to present the said cheques. On 10th November of
2023 he confirmed to the complainant to present the said cheques with
assurance that the said cheques will now be honoured.
13. That based on the assurance given by the accused, the complainant
presented the above said cheques through his banker ICICI Bank, Branch
at Pali Hill, Bandra, Mumbai for encashment but the same was returned
as dishonoured with remark “FUNDS INSUFFICIENT” vide returning
memos dated 12th November 2023.
14. That the complainant informed the accused, the fate of dishonour of the
cheques bearing No.196104 and 196103 and requested him to clear the
liability but the accused paid deaf ears and flat refused to pay the above
mentioned friendly loan amount of Rs.5,30,000/- therefore finding no
other option and after considering the conduct of the accused, the
complaint under compelling circumstances sent a Legal Notice dated
26.11.2023 through his lawyer to the accused, which was dully served
upon the accused as per internet generated tracking, whereby the accused
was called upon to make the payment of aforesaid cheques amount within
 15 days from the receipt of legal notice dated 26.11.2024. (The copy of
legal notice is annexed as ANNEXURE-A.)
15. That the complainant had tracked the legal notices which were sent on
26/11/2019 through speed post, hence the notices were delivered to
the both addresses on 27/11/2019.
16. That the accused has knowledge of his dishonour of the cheque, who has
not come forward to pay even a single penny to the complainant till date,
even after receiving of legal notice dated 26.11.2019 addressed to him at
his both residence address mentioned hereinabove in the memo parties.
17. That the accused has deliberately, intentionally and with fraudulent and
malicious designs intended to cause wrongful loss to the complainant by
issuing the aforesaid two cheques and promising its realization, which has
been returned by the banker of the accused as dishonour for insufficient
funds. The accused is liable to face the criminal proceedings under
section 138 of Negotiable Instrument act, 1881.
18. That the complainant finding no other option, has to file the present
complaint before this Hon’ble court for the offence under section 138 of
Negotiable Instruments Act.1881 as amended upto the date as the
payment has not been made by the accused despite making the demand.
19. That this Hon’ble Court has got the jurisdiction to try and entertain the
present criminal complaint as cause of action for filing of the present
complaint has been arisen within the territorial jurisdiction of this
Hon’ble Court as the complaint’s bank situates within the territorial
jurisdiction of this Hon’ble Court. The prescribed court fee has also been
affixed on the present complaint.
20. That the complaint has been filed within the period of limitation as
prescribed the proper court fees are also affixed.

PRAYER
It is therefore, most respectfully prayed that keeping in view the aforesaid
mentioned facts and circumstances, this Hon’ble Court may graciously be
pleased to:-
a. Summon the accused person, and punish him undersection 138/142 of
Negotiable Instruments Act 1881; and be given the punishment of
imprisonment as well as penalty of an amount equivalent to double the
amount
b.
c.
d. of cheques in question;
e. Allow the cost of complaint & litigation expenses in favour of the
complainant; and
f. Pass any other or further order(s) as this Hon’ble Court
g. may deem fit and proper in favour of the complainant &against the
above said accused persons, in the interest of justice.

Place: Bandra, Mumbai COMPLAINANT

Dated: 10th January 2024
 V E R I FI CAT I O N

I, Mr. Vishal Khanna, aged 24 years residing at 401-B, Kshitij Building, Hill
Road, Bandra (W), Mumbai-400050, being the Complainant above named state
on solemn affirmation that whatever stated in the above application is true and
correct to the best of my knowledge, information and belief which I believe to
be true.

SOLEMNLY AFFIRMED AT MUMBAI.

DATED THIS DAY OF, 8th March 2024. APPLICANT

Before me,

Identified by me :-

Adv. Srishti Singh

Advocate for the Applicant

 IN THE COURT OF SESSIONS AT DINDOSHI, MUMBAI

ANTICIPATORY BAIL APPLICATION NO. 2534 OF 2024

Mohit Hiranandani )

Residing at 22-A, Casa Major Road, )

Juhu, Mumbai- 400049 ) ……. Applicant

V/s

State of Maharashtra )…….. Respondent

----------------------------------------------------------------------

APPLICATION FOR ANTICIPATORY BAIL

U/S.438 OF THE CODE OF CRIMINAL PROCEDURE.

_______________________________________________

MAY IT PLEASE YOUR HONOUR:

On behalf of the Applicant above named it is most respectfully submitted as

under :-
1. Applicant is aged about 26 years. He is the residing at the above given
address. Along with his parents.
2. Brief Facts:
2.1. The Father of Applicant i.e. Mr. Satish Hiranandani running a Sole
Proprietor in Name and Style M/s Laxmi Finance and Investment
company, offering a range of financial services.
2.2. Mr. Ajeet Kapoor, took financial advice from M/s Laxmi Finance and
Investment company, intrigued by their attractive investment schemes
he invested a substantial sum of his earnings, he made upfront
payment.
2.3. However, Mr. Ajeet Kapoor noticed discrepancies in the financial
statements provided by the company, he attempted to withdraw his
funds but encountered resistance and delay from Mr. Satish. Mr.
Satish offered vague explanations and excuses for delay.
2.4. Mr. Ajeet later discovered evidence of fraudulent practices on part of
from M/s Laxmi Finance and Investment company, including
misappropriation of funds, false representation of investment
opportunities and manipulation of financial records.
2.5. Mr. Ajeet filed FIR under section 420 of IPC providing evidence of
the company’s deceptive practices and breach of trust.
2.6. M/s Laxmi Finance and Investment company had been operating a
Ponzi Scheme, using investor’s funds to repay returns to existing
investors and sustain the illusion of profitability.
2.7. Mr. Ajeet’s accusation extended beyond Mr. Satish to encompass his
unsuspecting family members. He falsely accused and bewildered by
the sudden turn of events Mr. Satish’s family found themselves thrust
into a legal battle they never saw coming.
3. That the Applicant has been falsely implicated in the above noted case,
when as a matter of fact no offence is made out against the applicant even
from the content of the FIR.
4. That the Applicant is a respectable young boy of the society and he has
never come to the adverse notice of any law enforcing authority. In other
words, the past antecedents of the Applicant are very clean.
5. That the Applicant i.e. MOHIT HIRANANDANI has been falsely arrayed
as accused in FIR NO.0441/19. UNDER SECTION 420 OF IPC P.S. Juhu.
The Copy of FIR is annexed as Annexure A.
6. That the Father of Applicant i.e. Mr. Satish Hiranandani running a Sole
Proprietor in Name and Style M/s Laxmi Finance and Investment company
and whatever the business of the father, applicant not envelope and
applicant has nothing to do with the father business.
7. That the applicant is young age unmarried boy and presently suffering from
“Liver Damage”, medical treatment papers of the same are annexed as
Annexure B.
8. That the Applicant is permanent R/O 22-A, Casa Major Road, Juhu,
Mumbai- 400049, the copy of the Aadhar card is annexed as Annexure C.
9. That the Applicant has never received any notice from the police authority
of under section 41 A Cr.P.C.
10. That according to the prosecution case/allegations are mainly against the
father of the Applicant, who has been arrayed as Main Accused and he has
already surrendered before the police Authority.
11. That the other Co-Accused namely Ms. Ruchika Hiranandani Pawar and
Chanchal Sharma had already granted Anticipatory bail by the Hon’ble
Session Court, Mumbai vide its order dated 27.01.2024 in the Bail
Application no. 2460/2024 and the said order is already annexed as
Annexed D.
12. That nothing is to be recovered from the Applicant, however the applicant
undertakes to join the investigation as and when so required.
13. That no custodial interrogation of the applicant is necessary by the
police/any other investigation agency.
14. That the Applicant never met any person or complainant in life and has
never been in contact with them and any monetary dealings (if any) were
done by the father of the Applicant and still if any amount is found due
towards then without prejudice to rights and contentions of the Applicant
he willing to return or provide security to the satisfaction of the court by
means of FDR.
15. That the applicant is of 26 years is also having obligation of his mother
apart from suffering from precarious and life threating illness.
16. That applicant apprehends his arrest and has been falsely implicated in this
case and FIR is lodged to cause him injury & humiliation.
17. That the applicant has never been involved in any other criminal case and
no other criminal case is pending against him.
18. That in the above noted circumstances the applicant is entitled to
concession of anticipatory bail u/s 438 Cr.P.C in FIR mentioned above.
19. That the applicant has not committed any offence but has been falsely
implicated on account of enmity as to create pressure.
20. That the Applicant is ready to abide by any condition imposed by this
Hon’ble Court.
21. That no similar bail Application in respect of the Applicant has been filed
either in this Hon’ble court or in the Hon’ble Supreme Court of India.
22. That the applicant is ready to furnish reliable sureties.
23. 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.
It is therefore prayed that the court may direct the release of the applicant
on bail in the event of his arrest by the police.
It is therefore prayed as under:

1. The Applicant/Accused may kindly be release on bail in event of his arrest

directing the CJM/MM/ Police officer/IO/SHO of the concerned Police
Station i.e. Police Station of Juhu u/s 420 IPC in case of arrest in Case FIR
441/2019, 420 IPC, on such terms and conditions as this Hon’ble court,
may deem fit and proper;
2. To pass any further order or order as this Hon’ble court may deem fit and
proper in the interest of justice.
3. That this Hon’ble Court be pleased to direct the police not to arrest the
Applicant pending the hearing and final disposal of this application.
4. This Hon’ble Court be pleased to grant such other reliefs as the nature and
circumstances as the case may require and in the interest of justice.

And for this act of kindness, the Applicant shall, as in duty bound, ever pray.
MUMBAI.

DATED, 8th March 2024.

Advocate for the Applicant

Adv. Srishti Singh

 V E R I FI CAT I O N

I, Mr. Mohit Hiranandani, aged 25 years residing at 24, Casa Major Road, Juhu,
Mumbai 400049 being the Applicant above named state on solemn affirmation
that whatever stated in the above application is true and correct to the best of
my knowledge, information and belief which I believe to be true.

SOLEMNLY AFFIRMED AT MUMBAI.

DATED THIS DAY OF, 8th March 2024. APPLICANT

Before me,

Identified by me :-

Adv. Srishti Singh

Advocate for the Applicant