IL - 511 Roll No. 33 (Smit Pandya)

Integrated Five-Year B.A L.L.
B Programme
Batch: 2018-23
Academic Year: 2022-23
Name: Smit Pandya
Roll No: 33
IL -511 Advance Drafting
Semester X
1
Unit 1 & 2
Sr. No. Title of Draft Pg. No.
Petition For Restitution of Conjugal

1) Rights U/S 9 Of the Hindu Marriage Act, 1955 5
2) Petition For Judicial Separation 14
Petition For Divorce by Mutual Consent U/S 13B

3) Of the Hindu 17
Marriage Act 1955
Petition For Divorce U/S 13 Of the Hindu
4) Marriage Act 1955 20
Agreement Of Amalgamation of Ab Co. Ltd with

5) X Y & Co. Ltd 25
Petition Under Section 25 of the

6) Guardians and Wards Act 1890, For the Custody of 28
Minor Child
Petition Under Section 101 For
7) Confirming the Reduction of Share Capital 32
Unit 3 & 4.1
Application Under Right to Information Act,

1) 2005 35
Petition For the Grant of Succession Certificate by

2) Widow 37
3) Deed Of Assignment of Patent 40
2
4) Deed For Assignment of Copyright 42
5) Trademark License Agreement 46
6) Trademark Infringement 57
Agreement Between Author And

7) Publisher 69
Unit 4.2 Judgment Writing
1) Hero Corp Ltd. v/s. RAO Scans (P.) Ltd. 73
3
Evaluation Committee
_____________ _____________ _______________

Dr. Vidhi Shah Dr. Suja Nayar Dr. Jiya Mathrani
_____________________
Dr. Mayuri H. Pandya
Director,
GLS LAW COLLEGE
4
1) A PETITION FOR RESTITUTION OF CONJUGAL RIGHTS U/S 9 OF
THE HINDU MARRIAGE ACT 1955
BEFORE THE HON’BLE FAMILY COURT AT AHMEDABAD HMP NO.

____of 2019.
1. Aanan Pravin Kanabar,

Age: 34 years, Hindu by Religion,
Occupation: Business
Residing at Prism International LLC,
Royal Towers, MBD,
Po Box 1051, pc- 131,
Hamriya, Sultanate of Oman. PETITIONER
V ER SU S
2. Mira Aanan Kanabar,

Age: 33 years, Hindu by Religion,
Occupation: Service,
Residing at: 702/B, Vrundavan Complex,
Near Subhash Chowk, Gurukul Road,
Memnagar, Ahmedabad-380052 RESPONDENT
And
Present address at:
Flat no. 508, Bulding no. 78,
Way no. 3715,
Bawshar, Musat,
Sultanate of Oman.
APPLICATION UNDER SECTION 9 OF THE HINDU MARRIAGE ACT,

1955
The petitioner above named most respectfully begs to submit as under:
5
1. The petitioner and the respondent are Hindu by religion and marriage between the parties to
the petition was solemnized as per the Hindu rites and rituals at Fun Point resort Nr. Cargill
Petrol Pump at Ahmedabad on 02.12.2012 and from the said marriage between the parties
to the petition, there is no issue born out of the said wedlock and at present the Respondent
herein is not pregnant.
2. That the Petitioner is the husband of the Respondent. The marriage between the Respondent
and the Petitioner was solemnized on 0212-2012 as per Hindu rites and rituals at Ahmedabad
and there are no children from the marriage. The Respondent and the Petitioner have their
matrimonial house is in Oman.
3. It is submitted that the Respondent and the petitioner knew each other since school time as
they studied in the same standard. The said marriage was a love marriage and the
Respondent and the petitioner were in courtship period for six years before they got married.
It is further submitted that in the courtship period the Respondent and the petitioner were
living as if they were married as they were extremely in love with each other. The
Respondent and the petitioner even before the marriage had travelled to many places
together like Goa, Dubai, Mumbai, Thailand etc. It is further submitted that the Respondent
and the petitioner had common friends with whom they used to spend their weekends and a
lot of time in their vacations.
4. It is submitted that the Respondent’s parents did not approve of the petitioner for the
Respondent as they wanted the Respondent to get married with someone in their own caste
and community. Yet the Respondent was extremely firm about marrying the petitioner as
they had a good and a healthy relationship and the petitioner took extremely good care of
the Respondent. The Petitioner had gone to The United Kingdom to study for a year from
2007 to 2008 during the period of their courtship. Even then the petitioner used to speak to
the Respondent Day and night despite the time difference and used to video call her twice a
day. The Respondent also used to reciprocate and even though the petitioner was not in
Oman the Respondent used to regularly go and spend time with the petitioner, parents, and
his sister. The petitioner even though had gone to London for fu rther studies used to visit
Oman to spend time with the Respondent and his parents as it was hard for the Respondent
to take leave from her job and visit London to meet the petitioner.
6
5. It is submitted that the marriage function of the parties to the petition happened at Fun Point
Resort near Cargill Petrol Pump at Ahmedabad in the pleasant month of December. The
functions of the marriage were beautiful and all the friends and family of both the
Respondent and the petitioner had a really good time and the Respondent and the petitioner
were extremely happy. It is submitted that soon after the marriage Respondent and the
petitioner left for the honeymoon. The petitioner had booked a luxurious cruise which
covered a few countries in Europe like Italy, France, Spain, Tunisia etc. It is further
submitted that the Respondent had not visited Europe before in her entire life and so the
petitioner made sure that they spent a beautiful time visiting such luxurious countries for
their honeymoon. They were so happy during their honeymoon that they even extended their
Honeymoon period and went to Venice for a few days.
6. It is submitted that during the courtship period and before the marriage of the Respondent
and the petitioner, the Petitioner used to live in a rented 2BHK apartment at Ruwi, Oman
which is a commercial area. During 2011 when the Responder and the petitioner
were having conversations about their future together, Respondent had expressed her views
on wanting to shift to a bigger house at Sultanate of Oman. Thus after the marriage the
Respondent, petitioner and his family rented a 5BHK villa only on the insistence of the
Respondent. It is submitted that the Respondent wanted the interior of the house and the
furniture of her choice and so before the Respondent and the petitioner came to India to get
married the Respondent and the petitioner themselves went to buy new furniture and the
Respondent also did the interior of the new luxurious house of their choice.
7. It is submitted that both the Respondent and the petitioner have a common group of friends
and so most of the nights of the week and the entire weekends the Respondent and the
petitioner used to spend together with the friends as all of the petitioners’ friends were
married and the Respondent was friends with their wives. It is submitted that there was
hardly any time that the Petitioner used to go out without the Respondent except for times
when only the boys of the group had decided to meet. But at that time the girls of the group
would have made some of the other plans as well. The Respondent and the petitioner had a
good group of friends at Oman and have spent a lot of memorable times together with them.
It is submitted that the Respondent used to work at Mustafa Sultan Company and the
7
Petitioner had his own company since 2009. The Respondent knows and is friends with most
of the office employees of the petitioner’s company while the petitioner on the other hand,
does not know any of the Respondent’s colleagues who work with her at her job. It is further
submitted that it is against the labour laws of Oman to work for more than 40 hours a week
or 8 hours a day yet the Respondent used to be at work from 8:30 AM to 8:30 PM. As her
work place was near to the house the petitioner at many times used to insist the Respondent
to come home and have lunch with the family but the Respondent used to be resistant on
eating lunch with her colleagues at work or going out at a restaurant with them.
8. It is submitted that the petitioner and the Respondent came to India one year after their
marriage in January 2014 to meet the Respondent’s parents and spend family time with
them. It is submitted that during their stay they went to Udaipur and Natwar and really
enjoyed their holiday. It is further submitted that when they returned back to Ahmedabad
from Udaipur Respondent’s father out of the blue told the petitioner that the Respondent and
the petitioner should shift to a 2BHK as a nuclear family. The petitioner was shocked to hear
this and told the Respondent’s father that he had worked really hard to get the 5BHK
luxurious house as per the Respondent’s wishes and had also invested a lot of money in the
interior and the furniture as per the Respondent’s wishes. The petitioner said that before the
marriage when the Respondent demanded to move to a bigger house the Respondent had
told the petitioner that she would not marry him if he did not fulfil her wishes and that is
why the petitioner and his father worked very hard, borrowed lump sum amount from the
petitioner’s mothers family, etc and bought a new house and now the respondent’s father
demanding the Respondent and the petitioner to move to a house as a nuclear family
came as a shock to him. The petitioner had told the Respondent’s late father that there
was no reason for them to do so as the Respondent and the petitioner parents bonded well
and there was no interference in the life of the Respondent and the petitioners from his
parent’s side and therefore the petitioner did not see any reason why they should move to a
new house as a nuclear family when they are already rented a huge house keeping in mind
their future. The late Respondent’s father got angry that the petitioner did not adhere to his
wishes and had asked the petitioner to borrow money from his father and get a new house
or else he would ask his daughter to divorce him. There was no reason given from the
Respondent’s parents side as to why they were asking the petitioner to get a new house when
8
they were already staying in peace in an extremely luxurious house which the Respondent
had chosen and also done the interior in.
9. It is submitted that the Respondent and the petitioner after the marriage always used to go
for vacations together except for once when the Respondent wen t to Egypt without the
petitioner and the petitioner went to Thailand in year XYX without the Respondent. It is
further submitted that what the Respondent and the petitioner had discussed these two trips
where they would not be accompanying each other and both were okay with it. The
Respondent had gone to Egypt with her colleagues from work while the petitioner had gone
to Thailand with his friends that only included boys and neither of their wives were
accompanying them.
10. It is submitted that the Respondent never encouraged the petitioner in his career life and the
petitioner being an entrepreneur needed a lot of encouragement yet the Respondent was too
involved in her own career and goals and did not care about the petitio ner’s goals and career.
The petitioner always used to encourage the Respondent in her career and ambitions and
push autos the goals. Whenever the Respondent would return home from work in a bad
mood the petitioner would enquire from the Respondent as two if her bad mood was because
of anyone problem work and then the petitioner will sit with the Respondent.
11. It is submitted that the Respondent being of a different cast and religion never respected the
petitioner’s cast. The Respondent used to visit India twice or thrice a year and every time
she would go the petitioner’s extended family who stay at Rajkot would invite her at their
place as they had only met her once at the wedding but the Respondent would not only
refuse to go there but whenever they would call her the Respondent would rudely deny on
the phone and at times not answer the petitioner’s relatives phone calls at all. The reason
being the Respondent thought that the petitioner family was not on the same level as her
family and that is why she felt an inferiority complex while talking to them and so she would
not answer the phone calls, reply to their invitations on message or visit their house at Rajkot
whenever she would come to Gujarat.
9
12. It is submitted that the petitioner’s mother Is highly diabetic and most of the medicines she
is prescribed I am not available at Oman and therefore whenever the Respondent would go
to India to meet her parents the petitioner would request her to buy his mother’s medicines
and thereafter as soon as she would return to Oman the petitioner would return the said
money to her.
13. It is submitted that the petitioner after two years of their marriage wanted to have a child
and so he suggested the idea to the Respondent. The petitioner said that they have a big
house and that both the Respondent and the petitioner are working and earning and both of
them are having a stable lifestyle and but the Respondent bluntly refused saying that she did
not want a child as she did not want to take care and liked her current lif estyle without any
responsibility where she could freely roam around and work as per her rules and look for
However long she wanted.
14. It is submitted that the Respondent had called her parents to Oman and told the petitioner
and his family members that the Respondent’s parents would be staying at their house for
three months. The petitioner’s parents were very happy and made all the preparations to
make the Respondent’s parents feel welcomed and comfortable at their home. The
Respondent insisted on giving her and the petitioner’s room to her parents to stay in as it
was bigger. The petitioner readily agreed as he wanted the Respondent’s parents to feel
comfortable and so they shifted to another room in the house. The Respondent and her
parents suddenly started behaving extremely nicely to the petitioner and his family
members. They started apologizing to the petitioner about their hostile attitude towards him
and the Respondent s father also told the petitioner that he really liked the house and he was
sorry that he was forcing the petitioner to move to another house as a nuclear family with
the Respondent. The petitioner parents even suggested that both the families should go to
Europe for a holiday so as they would bond well. The petitioner and his family were
extremely happy that finally the Respondent’s family had accepted the petitioner .
Thereafter the most horrific episode happened on 10th December 2016 the Respondent and
her parents in the middle of the night at taken off from the petitioners home and the
Respondent s belonging including the gold ornaments and Stidham was missing from the
house. The Respondent and his family only found out about this in the morning. The
petitioner was worried as to where the Respondent and her parents had gone and so he called
10
them many times but no one answered. It is submitted that the petitioner was aghast after
this episode and he tried many a time to resolve the issues between them but it was of no
use as the Respondent refused to speak to the petitioner. The p etitioner felt that it was
because of the involvement of the Respondent s parents as from before the marriage the
Respondent s parents had not approve of the petitioner.
15. The petitioner has always treated the Respondent with a lot of care and as always tried to
keep the Respondent happy not only materialistically but also emotionally. He has been a
pillar of strength to the Respondent but the Respondent’s hostile attitude towards the
petitioner changed your separation.
16. It is submitted that at the time of marriage the relationship between the parties to the petition
were smooth However, after the intervention of the family members of the Respondent, the
marriage between the parties hereto had hit a rough patch.
17. It is most respectfully submitted that, during the matrimonial span by and between the
parties herein, on many occasions the Petitioner and Respondent had gone for vacations and
in all the vacations the relations by and between the parties hereto were very cordial. It is
the case of the Petitioner that family members of the Respondent had influenced the
Respondent too an extent that today the Respondent is not ready to contact the Petitioner
even on phone.
18. It is further submitted that the Petitioner and elderly family members of the Petitioner family
on various instance had tried to contact the Respondent and his family members for the
reconciliation of the Disputes. However, the Respondent and her family members are not
ready to even attend the calls of the Petitioner and his family members.
19. It is further submitted that, the involvement of the family members of the Respondent were
too an extent that they decided that the Petitioner and the Respondent shall separate and
shall file divorce proceedings. It is submitted that neither the Petitioner nor the Respondent
was given proper opportunity to decide on their future. On the contrary the Petitioner and
his parents were making genuine efforts for reconciliation.
11
20. It is submitted that the respondent without any cause or reason the Respondent has d eserted
the petitioner. Thereafter, the respondent did not even contact the petitioner. It is submitted
that the petitioner has time and again requested the respondent to come and reside with the
petitioner and has also met the respondent and her parents but the respondent was not ready
and willing to even listen to the petitioner. It is submitted that the respondent has withdrawn
herself from cohabiting with the petitioner without just cause and keep away herself from
the petitioner. The respondent has ref used and is still refusing to restore conjugal rights.
Thus, the respondent has deserted the petitioner and withdrawn herself from the society of
the petitioner without any just and reasonable cause/ excuse. Therefore, this petition is
required to be filed.
21. It is submitted that there is a wilful neglect on the part of the respondent and the respondent
has shown her unwillingness to join and reside with the petitioner, the respondent has not
thought it fit to come and reside with the petitioner. It is submitted that the petitioner has
clearly proved the conduct of the respondent and the fact that the respondent has deserted
the petitioner and the respondent has been living separately from the petitioner. The
petitioner has also proved the factums of separation by the respondent and her intention to
bring cohabitation permanently to an end. It is submitted that leaving matrimonial home
without consent of the petitioner and thereafter not returning to matrimonial home amounts
to cruelty. It is submitted that the petitioner has proved beyond doubt that desertion by the
respondent is without any just cause and fact that the present petitioner and respondent are
living separately. The present respondent is not coming to reside with the petitioner. It is
submitted that the respondent left the petitioner without any reasonable excuse or cause and
the respondent left matrimonial home of the petitioner.
22. It is submitted that the legally wedded wife of the petitioner and petitioner is ready and
willing to reside with the Petitioner and the petitioner will make every effort to make
marriage life successful. Therefore, the petitioner has approached this Hon’ble Court for
restitution of conjugal rights as the respondent has without any reasonable cause and excuse
withdrawn herself from the society of the petitioner.
23. That the marriage between the parties to the petition was solemnized in 02.12.2012 and thus
the present petition is not filed within one year of marriage.
12
24. Cause of action to file present petition has arisen when the respondent after amicable
solution between the parties to the petition has left and deserted the petitioner. This Hon’ble
Court has jurisdiction to hear and decide this application as marriage between the parties to
the petition was solemnized at Ahmedabad and hence this Hon’ble Court has jurisdiction to
try and decide the present application.
25. The petitioner therefore prays as under.
a) The Hon’ble Court be pleased to pass a decree for restitution of conjugal rights in favour
of the petitioner and direct the respondent to reside with the petitioner.
b) Hon’ble Court be pleased to grant such other and further reliefs as may be found just and
necessary in the interest of justice.
26. Address of the parties to the petition, as shown in the cause title of this petition is true and
correct and the same is in conformity of Order 6 Rule 14 of the CPC.
27. Vakala Nama and copies for the other side are produced with this petition.
28. Necessary court fee stamp of Rs. ______ is affixed on this application
29. A separate affidavit in support of this application is filed.
Place: Ahmedabad.
-----------------
Date: .11.2019.
13
2) PETITION FOR JUDICIAL SEPARATION
In the District Court of Ahmedabad, Gujarat

Case No. 324/2020
In the matter of S.10 of the Hindu Marriage Act 1955, and in the matter of:
Smt. Smriti Sharma

Aged 30 years
Residence of A 112/2
Shalimar Apartments, Thaltej
Ahmedabad, Gujarat
Pin: 380045 PETITIONERS
VS.
Shri.
Vikas Sharma
Aged 33 years
Residence of C 34/4
Shanti Niketan Society, Ambavadi
Ahmedabad, Gujarat
Pin: 380023 RESPONDENTS
Petition For Judicial Separation Under S.10 Of the Hindu Marriage Act, 1955
14
RESPECTFULLY SHWETH:
1. That at all material times and at present the parties to the proceedings were and are Hindu and
so ruled by the Hindu Marriage Act 1955.
2. That on 25th February 2018 the applicant was duly married to Respondent and the said
marriage was solemnized according to Hindu rites.
3. That ever since the said marriage and until the 12th February 2020 the applicant and the
respondent cohabited and lived as husband and wife at. When he withdrew himself from the
society of applicant without any probable or reasonable cause and thereby deserted her to all
purposes and intents.
4. That from and soon after the marriage the said Respondent habitually and with very few
exceptions conducted himself towards the applicant with severe cruelty and harshness by
abusing her in most filthy language.
5. That applicant has not in any way been party to or connived at or condoned any of the said
acts of Respondent.
6. That the said Respondent also maliciously, falsely charged the applicant as having committed
adultery, abused the applicant in several manners and treated the applicant with such cruelty
as cause a reasonable fear in the mind of the applicant that it will be most harmful /injurious
for the petitioner to live further with the said Respondent.
7. That this court has jurisdiction to entertain this application as the marriage was celebrated at
Ahmedabad.
8. The applicant therefore prays for a decree for judicial separation between the applicant and
the said Respondent.
15
______________
Petitioner’s
Signature
VERIFICATION
I, Smriti Sharma, daughter of Pankaj Malhotra, and wife of Vikas Sharma aged about 30 years
by occupation housewife do hereby solemnly affirm and say as follows:
I am the petitioner above-named and I know and I have made my acquainted with the facts and
circumstances of this case.
The statements in paragraphs 1 to 9 are true to my knowledge and belief.
__________________
Petitioner’s Signature.
16
3) A PETITION FOR DIVORCE BY MUTUAL CONSENT U/S 13B OF
THE HINDU MARRIAGE ACT 1955
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT,

DISTRICT: AHMEDABAD
Marriage Petition No. 124/ 2020
Shri Ravi Sharma

Aged 33 years
Residence of A 112/2
Shalimar Apartments, Thaltej
Ahmedabad, Gujarat
Pin: 380045
With
Smt. Ritu Sharma

Aged 30 years
Residence of C 34/4
Ahmedabad, Gujarat
Pin: 380023 ...Petitioners
PETITION FOR DIVORCE BY MUTUAL CONSENT UNDER SECTION

13B OF THE HINDU MARRIAGE ACT
1. The petitioners above named submit this petition, praying to state as follows:
2. That the petitioners are husband and wife, their marriage having been solemnized at
Ahmedabad on 15/2/2001 according to the Hindu religion, rites, and ceremonies.
17
3. That the petitioner No. 2, prior to the marriage, was known by her maiden’s name as
Kumari Ritu, while there is no change resulted in the name of the petitioner No. 1
4. That out of their wedlock, the petitioners have got a son by name Shubham and daughter
named Pooja.
5. That the petitioners submit that during the recent past, they realized that their likings,
tastes of life, temperaments, ideas, ideologies, thinking, attitudes, aptitudes, intellectual
reactions, capacities, feelings, moods, habits, nature, and life are so different from each
other that it would not be possible for them to hit it off together in future.
6. That the petitioners have tried their best to have reconciliation for a happy domesticity,
but they have been very unfortunate to bring about the same. That the petitioners have,
therefore, decided to dissolve their marriage by mutual consent, and hence, this petition.
7. That the petitioner No. 2 being in Government service is able to maintain herself as well
as the children, and she on her own does hereby forgo the right to maintenance in respect
of herself and the children against the petitioner No. 1.
8. That the petitioners do hereby declare and confirm that this petition preferred by them is
not collusive.
9. That the petitioners submit that their marriage was celebrate as well as they are residing
within the local limits of the jurisdiction of this Court, and hence, this Hon'ble Court has
jurisdiction to try and decide this petition.
10. That the petitioners also submit and declare that they have been residing separately for
the last two years, and hence, this petition is maintainable.
11. That this petition being chargeable with a fixed rate of court fee, the same is paid herewith.
18
12. That the petitioners, therefore, prays that –
a) Their marriage be dissolved by a decree of divorce without passing any orders as to the
costs and maintenance, and
b) Any other orders in the interest of justice be kindly passed.
Date: /03/2020
Place: Ahmedabad
____________
ADVOCATE
VERIFICATION
We, Shri Ravi Sharma and Smt. Ritu Sharma, the present petitioners, do hereby state on solemn
affirmation that the contents of this petition in paras 1 to 12 are true and correct to the best of our
knowledge and beliefs, and so we have signed hereunder.
Identified by me
______________________
______________________ PETITIONER 1
Advocate ______________________
PETITIONER 2
19
4) A PETITION FOR DIVORCE U/S 13 OF THE HINDU MARRIAGE
ACT 1955
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, PUNE

DISTRICT: PUNE
Marriage Petition No. 176/ 2020
Shri Dr. Ravi Sharma

Aged 33 years Residence of
A 112/2 Shalimar Apartments, Thaltej
Ahmedabad, Gujarat
Pin: 380045
Versus
Smt.Dr. Ritu Sharma
Aged 30 years
Residence of C 34/4
Ahmedabad, Gujarat
Pin: 380023
A PETITION FOR DIVORCE U/S 13 OF THE HINDU MARRIAGE ACT

1955
The petitioner above named submits this petition, praying to state as follows:
1. That the petitioner was married to the respondent at Gulbarga on 23rd February 2019
according to the Hindu religion, rites and ceremonies.
2. That the respondent, prior to the marriage was known by her maiden’s name as Miss Ritu
Kumar, while there is no change resulted by the marriage in the name of the petitioner.
20
3. That the petitioner being the ordinary resident of the Ahmedabad City and having
habitation at the address given in the title part, after the said marriage, the respondent
accompanied the petitioner to Ahmedabad.
4. That, however, right from the beginning, the respondent was reluctant to reside at
Ahmedabad and not so responsive to cohabit with the petitioner, and every now and then,
on one or the other pretext, she used to go to the place of her parents and stay there for
long stretches of time. Having come to Ahmedabad for the first time, on 23rd February
2019, the respondent went back to her parental home immediately on 28th February 2019
and thereafter, she did not turn up till 10 th March 2019, and then also stayed with the
petitioner only for a period of about ten days, and on 21st March 2019, she went back to
her parents. Thereafter, the respondent did not turn up till 4th April 2019, and having
come to Ahmedabad, after such a time, she lived at Ahmedabad only up to 10 odd days,
and again, on 14 th April 2019, she left Ahmedabad for her parental home, and, thereafter,
she has never turned up as yet.
5. That during this period, every time, the respondent pleaded some or the other excuse to
go from Ahmedabad early and then sent messages and letters advancing lame excuses for
her prolonged stays at her parental home, and, thus, right from the beginning, the
respondent did never realize her marital obligations, nor did she ever bother to consider
the feelings of the petitioner and the members of his family for the reasons best known to
herself.
6. That the petitioner is a young man practicing medical profession, and the very idea of
marrying the respondent was that, if both being medical practitioners start a joint practice,
they can do something in life with a greater advantage.
7. That, however, despite all the educational background, the respondent had been so non-
considerate and negligible towards the planning of the future and establishing a joint
practice that she has done everything to disturb the mental peace and wellbeing of the
petitioner and nothing to plan the future joint life.
21
8. That the petitioner and the members of his family, despite all these responsible defects on
the part of the respondent and in the hope that the respondent by herself or the members
of her family would realize the situation and one day or the other, the wiser counsel would
prevail and she would behave in a more responsible way and discharge her matrimonial
obligations properly. However, all these hopes proved to be in vain.
9. That the respondent, right from the beginning, appears to have some plans of h arassing
the petitioner, and this would be clear from the letters, which she had written either to this
petitioner or his father, and from these letters, it would appear that though the petitioner
and the members of his family were eager to have her back and were all along inviting
her to be at Ahmedabad, the respondent was under the pretext of innocence and education
writing such letters and pleading such excuses for her delayed stays there that from them,
the petitioner and the members of his family became apprehensive about the true
intentions of the respondent, and, hence, the petitioner attempted to persuade the
respondent to resume cohabitation and besides writing letters had deputed his relations to
visit the respondent and her parents.
10. That accordingly, the petitioner's paternal uncle and the petitioner's mother's sister's son,
viz. Shri Upesh Bakshi and Rahul Then, and these relations had gone to the respondent's
father's house, and they saw the respondent's brother and mother. However, though the
respondent was very much present there, she refused to see these relations, and the mother
and the brother did not tell these relations of the petitioner that nothing could be done by
them in the matter, and they would convey the petitioner's message to the respondent, and,
thus, in a most indecent manner, the respondent had sent back the said relations. Yet, the
petitioner did not lose either head or heart, and with a view to trying again, the respondent
deputed the abovementioned two persons and his brother, Dr. Ravi Sharma and two
others.
11. That these people visited the place of the respondent's father, on 4TH May 2019 However,
they were told that the respondent was out of station, and the parents and the brother of
the respondent were not in a position either to tell her whereabouts, or the time when she
would be back, and hence, these relations had to come back to Ahmedabad.
22
12. That it is the reliable information of the petitioner that the respondent lives with her
parents only, but the respondent as well as her parents and brother were play ing these
tricks and telling lies just to thwart the sincere attempts of the petitioner for cohabitation.
13. That helpless in the matter, yet sincere in his intentions and attempts, the petitioner,
through his lawyer, sent a notice, on 10th May 2019, to the respondent, a copy whereof
was sent to the respondent under certificate, besides the original being sent by registered
post acknowledgement due. The copies sent under certificate of posting were duly
delivered to the respondent. However, she had not accepted the notice sent by registered
post acknowledgement due. And accordingly, the envelope was received back with postal
remarks "Addressee out of station", and in the situation, the said notice was again
dispatched in the similar manner and received back with the similar remarks, and, thus,
this is clear that the respondent having already learnt that the petitioner had taken the
matter seriously and was inclined to take further action, if the respondent were not to
resume cohabitation, the respondent has evaded the service of the said notice.
14. That the petitioner had all along been very kind, sincere and loving husband. However,
the respondent did not at all respond or reciprocate these feelings dutifully, and during the
total period of matrimony, the respondent has hardly lived at the petitioner's place for a
period of sixteen days, and since14h April 2019, she has deserted the petitioner, and
hence, this petition.
15. That the petitioner's father had made for the respondent ornaments weighing about 65
grams, and the respondent had taken all these ornaments with herself, and the petitioner
learns that presently she is employed as a doctor drawing a handsome salary, and the
respondent’s father and brother are rich people, and perhaps, it is the wealth and th e means
available to her that she has been deserting the petitioner.
16. That the parties, after the said marriage, last resided together at Ahmedabad within the
local limits of the jurisdiction of this Court, and hence, this Hon'ble Court has jurisdiction
to try and decide this petition.
23
17. That the parties hereto have been residing separately for the last more than one year, and
hence, this petition is maintainable.
18. That this petition being chargeable with a fixed rate of court fee, the same is paid herewith.
19. That the petitioner, therefore, prays that –
a) The marriage between the petitioner and the respondent be dissolved by a decree of
divorce.
b) If the Hon'ble Court were to decline the relief prayed for in clause (a) above, alternatively,
the petitioner prays that a decree for judicial separation be passed, and;
c) Any other orders in the interest of justice are kindly to be passed.
Place: Pune ________________

Dated: ADVOCATE FOR PETITIONER
VERIFICATION
I, Dr. xxx, the present petitioner, do hereby state on solemn affirmation that the contents of this
petition in paras 1 to 19 are true and correct to the best of my knowledge and belief, and so I have
signed hereunder.
Signed on ___day of ___ 2020.
Identified by me _____________
_______________ Petitioner
24
5) AGREEMENT OF AMALGAMATION OF AB CO. LTD WITH XY &
CO. LTD
This agreement is made on this 5th day of June 2019 between AB Co. Ltd., a company registered
under the Companies Act 1956 and having its registered office at Ahmedabad (hereinafter called
the vendor) of the One Part and XY & Co. Ltd., a company registered under the Companies Act
1956 and having its registered office at Surat (hereinafter called the purchaser) of the Other Part.
Whereas the vendor is a company limited by shares with a capital of Rs. 50 lakhs divided into
50,000 shares of Rs. 100 each.
And whereas the vendor has under its Memorandum of Association the necessary rights and
powers to sell, transfer or convey the business of the company in whole or in part with all its
undertakings, assets, pending contracts and other rights whatsoever for adequate consideration in
cash, shares, debentures or such other securities.
And whereas the purchaser is a company limited by shares with a share capital of Rs. 100 lakhs
divided into 1,00,000 shares of Rs. 100 each.
And whereas all the shares of purchaser have been allotted and paid up and the purchaser is
authorized under its Memorandum of Association to increase its share capital.
And whereas the purchaser has the power under its Memorandum of
Association to purchase the business of any other company similar to the one carried on by it as
a running concern with all its assets, rights and liabilities whatsoever.
And whereas the vendor has agreed to amalgamate with the purchaser and it has passed necessary
resolution for that purpose on 3rd May 2019 and the purchaser has also passed the necessary
resolution on for taking over the business of the vendor with all its undertakings, assets, and
liabilities.
25
Now these presents’ witnesses and the parties hereby agree as follows:
1. The purchaser shall forthwith pass the necessary resolution to increase its share capital to Rs.
150 lakhs by the creation and issue of 50,000 shares of the value of Rs. 100 each ranking pari
passu in all respects with its present shares.
2. The vendor shall sell and the purchaser shall purchase and take over the entire business of the
vendor with all its undertakings, rights, assets and liabilities whatsoever with effect from
the7th day of June 2019 for consideration of Rs. 60 lakhs agreed to be paid to th e vendor in
the manner as follows:
A. Rs. 10 lakhs in cash; and the balance
B. Rs. 50 lakhs by issue of shares to the vendor
Or to such persons as the vendor may direct, which shares shall be treated as fully paid-
up.
3. As for the 10th day of June 2019 the purchaser shall be entitled to the business of the vendor
with all its undertakings, rights, securities, and liabilities whatsoever and wherever situate
and shall thenceforward be entitled to carry on the business, realize the securities without any
let or hindrance from the vendor company or any one claiming through or under it.
4. Up to the above said day of when the business of the vendor is taken over as above the vendor
shall carry on its business for and on behalf of the purchaser.
5. On or before the expiry of days from the date of taking over of business as above the vendor
shall deliver to the purchaser all title deeds of the properties and the premises belonging to it
along with an abstract report regarding its title to the properties and premises. The defects, if
any, to the title of the vendor to the said properties and premises shall be intimated to the
vendor in writing within 3 days after receipt of the title deeds and abstract of title and if no
26
objection is lodged within the time prescribed as above the purchaser must be deemed to have
accepted the title.
6. The purchase shall be completed on 12th day of June 2019 at the office of the purchaser's
Solicitors when the purchaser shall pay the said sum of Rs. 10 lakhs in cash or Bank Draft
and shall hand over the Certificates for Rs. 50 lakhs of the said shares and thereupon the
VENDOR and all other necessary parties shall execute all such deeds and do such things as
may be reasonably required for vesting all the properties agreed to be sold in the purchaser.
7. The entire staff of the vendor company shall be taken over and maintained by the purchaser
company with effect from the aforesaid date of taking over on the same terms and conditions
as those are at present prevailing.
8. For the purpose of stamp duty the value of goodwill, fittings and fixtures, book debts,
contracts, patents, designs and trademarks, belonging to the vendor shall be taken as Rs. 10
lakhs and the value of all other properties of the vendor hereby agreed to be sold at Rs.
50lakhs.
In witness whereof the parties hereto executed these presents on the day, month, and year first
above-written.
Signed, sealed, and delivered

By Mr. Ravi Sharma
(Pursuant to Board Resolution) ……….Vendor
Dated 5th June 2019 of the vendor AB Co. Ltd.
In the presence of:
Signed, sealed and delivered

By Mr. Rakesh Malhotra
(Pursuant to Board Resolution) ………Purchaser
Dated 5th June 2019 of XY& Co. Ltd.
In the presence of:
27
6) PETITION UNDER SECTION 25 OF THE GUARDIANS AND WARDS
ACT 1890, FOR THE CUSTODY OF MINOR CHILD
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,

AHMEDABAD
DISTRICT: AHMEDABAD
F.P. No. 543/2020
Shri. Ravi Sharma,
Aged 33 years Residence of A 112/2
Shalimar Apartments,
Thaltej Ahmedabad,
Gujarat Pin: 380045 … PETITIONER
VERSUS.
Smt. Ritu Sharma

Aged 30 years
Residence of C 34/4
Ahmedabad, Gujarat … RESPONDENT
Petition under section 25 of the guardians and wards act 1890, for the custody
of minor child
1. That the marriage between the petitioner and the respondent was solemnized on 25th February
2015 according to Hindu Rites and customs at Ahmedabad, and one son namely Kabir Sharma
was born out from this wedlock on 3rd March2018.
28
2. That it is submitted that the petitioner is having normal liability of his minor son and he is
paying the school fee, all study material and other expenses of his minor son.
3. That the son is aged about 2 years and he may lie in a nice manner with the petitioner.
4. That since leaving the house by the respondent, the petitioner has taken the sincere efforts to
reunion but due to intervention of the parents of the respondent, he has not succeeded, even
the respondent never picked up the phone of the petitioner and never exchanged any voice.
5. That there is no possibility to reunion with the respondent and the re spondent is the quite
young and shall perform the marriage with any other person, the custody of the minor goes
to somebody else after the marriage of respondent and she may be married in such odd
relations which may be odd for the petitioner and his son in future, hence the custody of the
minor is required for the petitioner to sake and save the life and modesty of the minor child
from the hands of the respondent.
6. That the applicant is the father of minor baby Kabir Sharma and the petitioner is having
sufficient income for the betterment, care, custody, look after and maintain his minor son.
7. That the petitioner is having the sufficient funds/income to provide the better maintenance,
better education better accommodation and also, is able to provide more time with the minor
child if the custody is handed over to the petitioner.
8. That the petitioner is ready to fulfil all the terms and conditions imposed by this Hon’ble court
in any manner and is ready to provide all things whatever ordered by this Hon’ble court for
her custody.
9. That none of the family members of the respondent is responsible for the child and there is
no love and affection for the child in the family of the respondent or with the respondent for
the child. It is good health nor he is put under proper guidance. The petitioner came to know
the fact from the sources that the child generally fell sick at regular interval and there is no
one to improper care of the child and also not competent to teach and upbringing the minor
29
child as is required for the child of the age, according to the age of child he require plenty of
time from reasonable devoted address who can impart general knowledge, good manner,
attempt to her requirement and also make his educated with social culture, covering the entire
gamut of mythology religious practice which can only possible at the house of the petitioner
and not at all in the custody of the respondent who remained most of the time in her
profession.
10. hat the minor child also need constant, emotional support and protection and therefore the
petitioner being father and his parents are competent person who can only properly maintain
the minor child but also can fulfil the requirement and needs of the minor child.
11. That the welfare of the minor child is the paramount consideration before this Hon’ble court
and the petitioner is not only making a point about material and physical wellbeing and
happiness of the child but every circumstance and every factor being upon the moral and
religious welfare and the education and upbringing of the child can be better protected by the
petitioner.
12. That the minor child is residing in Ahmedabad within the local limits of this Hon’ble court,
hence this Hon’ble Court has got the territorial jurisdiction to entertain and decide the present
petition.
13. That the necessary court fee has been affixed on the head of the instant petition.
14. It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to
pass the following order:
a) Appoint the petitioner as guardian of the child for all the purposes and/or
b) To direct the respondent to handover the custody of minor child namely Kabir Sharma to
the petitioner permanently and/or
30
c) Any other relief/relieves may kindly be granted which this Hon’ble Court deems fit and
proper in the interest of justice.
VERIFICATION
I, Shri Ravi Sharma, the present petitioner, do hereby state on solemn affirmation that the contents
of this petition in paras 1 to 21 are true and correct to the best of my knowledge and belief, and
so I have signed hereunder.
Signed on ___ day of ____ in 2020.
Identified by me
___________ _____________________
PETITIONER
31
7) Petition under Section 101 for confirming the reduction of Share Capital
BEFORE THE HON'BLE HIGH COURT AT GUJARAT, AT

AHMEDABAD
Company Petition No. 654 of 2020
IN THE MATTER OF:
LAUREN Co. Ltd.,

Having Registered office at:
Navarangura,
Ahmedabad-380 025 …Petitioner
Petition under Section 101 for confirming the reduction of Share Capital
The petition of LAUREN Co., Ltd. the petitioner herein Sheweth:
1. The above-named company, the petitioner herein (hereinafter 'called the company') was
registered on the 3rd March 2015 under the provisions of the [Companies Act, 1956] as a
company limited by shares/limited by guarantee with a share capital.
2. The Registered Office of the company is situated at Ahmedabad.
3. The objects of the company are [manufacture of bicycles, etc.] and other objects set forth
in the memorandum of association thereof.
4. The capital of the company is Rs 10,00,000 divided into 10,000 shares of Rs100 each, of
which 5,00,000 shares have been issued and have been fully paid -up or credited as fully
paid-up.
32
5. Shortly after its incorporation, the company commenced business, and it has since been
and is still carrying on business.
6. By article (s) 134 & 156 of the articles of association of the company, it is provided that
the company may, from time to time, by special resolution reduce its capital in any manner
permitted by law.
7. The accumulated losses of the Company as on 31st March 2018, which amounted to Rs.
2,00,00,000, wiped off substantial net worth of the Company.
8. Even though the company has been making profits in some prior years still the carry
forward losses on balance sheet is making difficult for the company to either raise new
resources for expansion and modernization nor it can share the profits of the company
with its shareholders.
9. The company is therefore unable to raise any finance either from the capital markets or
financial institutions whether in the form of equity or debt, to undertake business activities
on a larger scale.
10. In view of the above, the Company is seeking to reconstruct its capital by way of writing
off its accumulate business loss against the reduction of its paid up capital which is not
represented by available assets.
11. The petitioner therefore prays: -
a. That the reduction of capital resolved on by the special resolution set out in paragraph 8
above be confirmed;
b. That to this end all inquiries and directions necessary and proper be, made and given;
c. That the proposed minute be approved; and
33
d. That such further or other orders be made in the premises as to the Court shall deem fit.
Date: __/03/2020 _______________

Place: Ahmedabad Advocate for petitioner
34
1. APPLICATION UNDER RIGHT TO INFORMATION ACT, 2005
FORM A
APPLICATION FORM FOR OBTAINING INFORMATION
To,
Public Information Officer, SPMCIL
16th Floor,
Jawahar Vyapar Bhawan,
Janpath,
New Delhi - 110001.
I want to obtain following information from you under the Right to Information Act, 2005 the
details are as under:
1. Applicant’s Name: Ms. Kinjal Dave
2. Full Address of the applicant:

Aditya Patel & Associates,
Advocates Ganesh Meridian, A Block
Second Floor,
Opp. High Court, sola.
Ahmedabad - 380015,
Phone No. 9824516577
Email: [email protected]
3) Specific particulars / details of Information:
i. Kindly provide the information in which year “GUJARAT STATE” is printed and
implemented on the left side of the Government Non-Judicial Stamp Paper of Rs.100/-
denomination.
35
ii. Kindly provide the information of the characteristics or symbols or design view in Non-
Judicial Stamp Paper of Rs.100/- printed and prevailing in year 1964.
4) I enclose herewith crossed Indian Postal Order of Rs.20/- in the name of PIO, SPMCIL
bearing No. 03G 277167 towards application fees.
5) I hereby declare that I am a Citizen of India.
6) I hereby declare that above details are true the best of my knowledge and belief.
36
2. PETITION FOR THE GRANT OF SUCCESSION CERTIFICATE BY
WIDOW
BEFORE THE HONBLE COURT OF DISTRICT JUDGE AT

AHMEDABAD
DISTRICT: AHMEDABAD
Case No. 1234 of 2020
In the Goods of (LAKHSYA BHARADWAJ, Son of Raman Bharadwaj,

Aged 60 years,
Anand Nagar, Nirnay Nagar, Ahmedabad, Gujarat.)
And
In the matter of Succession Certificate relating to debts and securities of the estate of the deceased
The humble petition of RITIKA BHARADWAJ sole widow of the deceased of No. 1234/2018
Respectfully Sheweth:
1) That petitioner is the sole widow of the deceased.
2) That deceased named above hereinafter referred to being the said deceased who had been
during his lifetime till his death permanently residing and living at said premises Anand
Nagar, Nirnay Nagar, Ahmedabad, Gujarat within the jurisdiction of this court and was by
nationality and faith a Hindu citizen of India, expired intestate on the 26th day of November,
2018 at his above stated place of residence.
3) The deceased, at the time of his expiry, left only his widow, the applicant and none else as
his successor per Hindu Succession Act 1956.
37
4) That at the time of his expiry the dead left no son/daughter/father or any grandson or
granddaughter by any predeceased son or daughter or any great-grandson or any great-
granddaughter by any predeceased grandson and granddaughter or any widow of any
predeceased son or predeceased grandson or great-grandson or any other relation given in
class I and class II of the Schedule per
s. 8 of the said Act.
5) That the dead left at the time of death inter alia assets on which succession certificate is been
prayed for to the market value of Rs. 1 crore A whole and complete schedule of said assets is
hereunto enclosed and marked "A".
6) That industries and close searches were under taken by petitioner to find out if dead left any
will or disposed otherwise relating to estates, credits, and assets but no such will has been
found up till now. Petitioner, therefore, believes/bear reasons to believe that he expired
intestate. No letter of administration has been issued relating to property of dead. No
application for letter of management or succession certificate is waiting decision in this court
or in any other court.
7) That petitioner being same and alike person stated as the sole widow of the dead and she
being interested in managing the property of dead.
8) It being clear from facts/circumstances hereinbefore mentioned that there being no

obstruction per s. 370 of Indian Succession Act 1925 or any other enactments o f said Act or
any other provision against the grant of Succession Certificate hereunder prayed to petitioner
nor to the legality thereof when allowed.
9) That petitioner submits and states that in aforesaid circumstances she alone bears right to the
grant of Succession Certificate relating to said assets payable to the property of deceased.
10) That ad valorem duty of Rs. 1000 payable relating to grant of Succession Certificate
hereunder prayed for has been paid.
38
11) That this application is made bona fide. Petitioner, therefore, prays for ordering per below
terms:
i. Succession certificate may be allowed to petitioner relating to assets, properties with

credits specified in Schedule "A" hereto empowering to collect and/or receive and/or
realise the same inclusive all interests accrued thereon and to sell and/or negotiate and/or
deal with the same without any impediment.
ii. Petitioner be exempted from presenting any security on that account. And petitioner as
in duty bound shall ever pay.
VERIFICATION
I, Smt sole widow of the RITIKA BHARADWAJ named above resident at Anand Nagar, Nirnay
Nagar, Ahmedabad, Gujarat do hereby say and declare that the statements having in paragraphs
1, 2, 3, 4, 5, 6, 7, 8 and 10 of the above petitions and also the particulars contained in Schedule 1
including all figures, are true to my best knowledge and those contained in paragraphs 9 and 11
hereof are my presentation to this Learned Court.
Date: 10/03/2020 _________________

Place: Ahmedabad Deponent
39
3. DEED OF ASSIGNMENT OF PATENT
THIS DEED OF ASSIGNMENT is made at AHMEDABAD on this 10th day of March between
Mr ABHILASH GANGULY, S/o Saurabh Ganguly,
Residing at Nr. IOC Petrol Pump, Opp. Auda Garden, Judges Bunglow Road, Bodakdev,
Ahmedabad, Gujarat 380054, and Mr SUNIL CHATTERJEE, Residing at E-504 Shivalik
Apartments, Beside Union Bank of India, Ashram Road, Usmanpura, Ahmedabad, Gujarat,
380013, and Mr SHALIN BANERJEE, R/O Saint Xavier's School Road, Sarvottam Nagar
Society, Navrangpura, Ahmedabad, Gujarat 380014 , carrying on business in partnership in the
name of M/s PLATONIC PHARMA Hereinafter referred to as 'the Assignors' of the One Part
and M/s PLATONIC PHARMA, a Company registered under the Companies Act, 1956, and
having its registered office at AHMEDABAD Hereinafter referred to as the `Assignee' of the
Other Part;
WHEREAS
1) The Assignors own a patent in the manufacture of an article known in the market of
Pharmaceuticals and the said patent is duly registered under the Patents Act 1970 and which
is broadly described in the Schedule hereunder written.
2) The Assignors have promoted a company being the Assignee herein and have agreed to
transfer their partnership business including the right to the said Patent to the Assignee in
consideration of and in the manner provided in a separate agreement between the Assignors.
3) The Assignee has now requested the Assignor to assign the said Patent and all rights
appurtenant thereto to the Assignee which the Assignors have agreed to do.
NOW THIS DEED WITNESSETH that pursuant to the said Agreement and in consideration of
a sum of Rs 20 lakhs paid to the Assignors partly in cash and partly in the form of the shares of
the Assignee of the face value of the amount of Rs_ 20 lakhs before the execution of these
presents (receipt whereof the Assignors hereby admit) they the Assignors as beneficial owners of
the said patent broadly described in the Schedule hereunder written, hereby assign to the Assignee
the said patent which has been granted to the Assignors by the Government of India under the
Patents Act, 1970, together with the Assignors' full right of action, powers and benefits arising,
accruing or belonging to the Assignors in connection with the said patent:
40
TO HOLD the same unto the Assignee absolutely and the Assignors do and each of them doth
hereby covenant with the Assignee that:
a) The Assignors have full right and absolute authority to assign the said patent in the manner
aforesaid.
b) The patent is free and clear from all encumbrances and claims and the Assignors shall keep
the Assignee indemnified against any such claim.
c) The Assignee shall be entitled to hold and use the said patent exclusively so long as the patent
exists and earn and enjoy the profits or income there from; peaceably and without any
objection or interruption on the part of the Assignors or persons claimin g under them.
d) The Assignors will execute any further deed as may be required for further and more perfectly
assuring the said patent unto the Assignee.
IN WITNESS WHEREOF the Assignors have put their hands the day and year first hereinabove
written.
The Schedule above referred
Signed and delivered by

The within named Assignors
1) ABHILASH GANGULY
2) SUNIL CHATTERJEE and
3) SHALIN BANERJEE being
The partners of M/s PLATONIC PHARMA

In presence of HIRALAL UPADYAY and USHA UPADHYAY.
41
4. DEED FOR ASSIGNMENT OF COPYRIGHT
THIS DEED OF ASSIGNMENT is made at Ahmadabad on this day of 2019 between Mr. Babulal
residing at o Empire House, 3rd Floor, 214, Dr. D.N. Road, Fort, Ahmadabad hereinafter referred
to as the Author of the One Part and Mr. B carrying on business at Ahmadaba d hereinafter
referred to as the Publisher of the Other Part.
WHEREAS:
1. The Author has written a book entitled “discovery” (hereinafter called "the said book") and
desires to publish the same.
2. The author is the absolute owner of the copyright in the book. The copyright is registered
with the Registrar of Copyrights in Ahmadabad.
3. The publisher's representative has scrutinized in detail and to his satisfaction the manuscript
of the book and has offered to purchase the copyright in the said book for the purpose of
publication.
4. The Author has agreed to do so in consideration of the Publisher paying him a sum of Rs 9,
00,000/- as lump sum royalty and on the following terms and conditions agreed to between
the parties.
NOW THIS DEED WITHNESSETH that pursuant to the said agreement and in consideration of
the Publisher paying to the Author a sum of Rs 1, 00,000/- on the execution of the Agreement
(receipt whereof the author admits) he the Author hereby assigns to the Publisher the Copyright
in the said book TO HOLD the same unto the Publisher absolutely throughout India and subject
to reservations hereinafter contained:
42
1) And the Publisher agrees and undertakes that the said assignment is restricted to publish the
said book in India only and the Publisher shall not without the prior consent in writing of the
author, publish any translation thereof in any other language and shall not allow it to be
exploited for converting into a play or any cinematographic film or any Telev ision serial.
2) The Publisher undertakes to mention in the first edition, all reprints and subsequent editions
the name of the author as author of the book.
3) The Author hereby warrants to the Publisher that:
a) The Author is the exclusive owner of the copy right in the said book and he has not
assigned the Copyright in or given license to use the copy right to anybody else or
encumbered the same or done anything so as to prevent him from assigning the said right.
b) That the said book does not contain any defamatory obscene or otherwise, objectionable
matter; and
c) That the contents of the current edition of the said book are the original work of the author
and do not constitute breach of copyright vesting in any other person/s. Where limited
extracts have been taken from other published or unpublished works in which copyright
vests in another person/s proper acknowledgement has been made in the book.
d) That if the publisher requires any other person/s to assist the author in preparing
subsequent editions of the book the names of those persons will also be mentioned as joint
author/s of the book. And the author will do and execute such other acts or deeds, if
required, to confer entire copyright in the said book and as hereby assigned as may be
necessary.
e) That he will not publish either himself or through any other publisher an abridgment of
the said book or any other book on the same subject and which would be competing with
the book or get it published by any other person so long as the said book which is the
subject matter of the present is being published by the Publisher and sold in the market.
43
f) That the publisher shall have the right to get the second and subsequent editions of the
book prepared by either the author or any other person of the publisher's choice. If the
publisher requires the author to prepare the second or any subsequent edition, the author
undertakes that he will re-edit the said book at the time of publishing second edition
thereof and to make it up to date when required by the Publisher. In case of authors failure
to do so, the Publisher will be entitled to get the book reedited, enlarged, or abridged
through some other author of the publisher's choice. For the said re-editing, the publisher
will pay to the author the sum of Rs. 900,000/-. the author shall complete the re-editing
within five months of being asked to do so by the publisher.
4) And the Author hereby agrees to:
a) Indemnify and keep indemnified the Publisher against all claims, proceedings, costs, and
damages incurred or suffered or awarded or paid in respect of or arising out of any breach
or non-performance of any of the warranties on the part of the Author hereinbefore given
or out of any claim by a third party based on facts, which if substantiated would constitute
a breach or non-performance of such warranties.
b) The publisher shall have full right to assign the said copyright to publish the book in any
part of India, to any person.
5) Permit the Author to take 50 copies of the book on publication free of cost.
6) In the event of any dispute or difference between the parties hereto arising out of or in
connection with this deed of whatsoever nature the same shall be referred to arbitration of a
common arbitrator if agreed upon, failing which to two Arbitrators one to be appointed by
each party to the Arbitration. The said Arbitrators shall appoint a presiding Arbitrator and the
Arbitration shall be governed by the Arbitration Act and Conciliation Act, 1996, or any
statutory modification thereof.
44
IN WITNESS WHEREOF the Assignor has put his hand the day and year hereinabove written.
Signed and delivered by the)
Within named Assignor Mr. A)
In the presence of........
45
5. TRADEMARK LICENSE AGREEMENT
THIS AGREEMENT is entered into the last date written below by and between Soham sahu S/O
biranchi sahu, occupation: business Anmol Tavar, Amastechok, Shahibuag, 46000002,
AHMADABAD (“LICENSOR”), and (Bishundeo Shah S/O Late B.L shah , occupation: business
and Address: Chamunda brige, Chavanpura, saraspur, Ahmadabad (“LICENSEE”).
WHEREAS, LICENSOR has the power and authority to grant to LICENSEE the right, privilege,
and license to use the Trademarks on or in association with the goods and/or services covered by
the registrations (the “Licensed Products”); and
WHEREAS, LICENSEE has represented that it can manufacture, market, and distribute the
Licensed Products in & around Ahmedabad (the "Territory") and to use the Trademarks on or in
association with the Licensed Products; and
WHEREAS, LICENSEE desires to obtain from LICENSOR a license to use, manufacture, have
manufactured and sell Licensed Products in the Territory and to use the Trademarks o n or in
association with the Licensed Products; and WHEREAS, both LICENSEE and LICENSOR agree
with respect to the terms and conditions upon which
LICENSEE shall use the Trademarks;
NOW, THEREFORE, in consideration of the promises and agreements set forth herein, the
parties, each intending to be legally bound hereby, do promise, and agree as follows.
1. LICENSE GRANT
A. LICENSOR hereby grants to LICENSEE a non-exclusive license to use the Trademarks
on or in association with the Licensed Products in the Ahmedabad (Territory), as well as
on packaging, promotional and advertising material associated therewith.
46
B. LICENSOR hereby grants to LICENSEE the non-exclusive right and license to use,
manufacture, have manufactured, sell, distribute, and advertise the Licensed Products in
the Territory. It is understood and agreed that this license shall pertain only to the
Trademarks and the Licensed Products and does not extend to any other mark, product or
service.
C. LICENSEE may not grant any sublicenses to any third party without the prior express
written consent of the LICENSOR which may be withheld for any reason.
2. TERM OF THE AGREEMENT
This Agreement and the provisions hereof, except as otherwise provided, shall be in full force
and effect commencing on the last the date of execution below and shall extend for 20 years. (the
“Term”).
3. COMPENSATION
A. In consideration for the licenses granted hereunder, LICENSEE agrees to pay to

LICENSOR a royalty of 25 % (the “Royalty”) based on LICENSEE’s Net Sales of
Licensed Products, accruing upon the sale of the Licensed Products (i.e., when the
Licensed Product is billed, invoiced, shipped, or paid for, whichever is first regardless of
the time of collection by LICENSEE), calculated on a quarterly calendar basis (the
"Royalty Period") and shall be payable no later than thirty (30) days after the termination
of the preceding full calendar quarter, i.e., commencing on the first (1st) day of January,
April, July, and October, with late payments incurring interest at the rate of ONE
PERCENT (1%) per month from the date such payments were originally due.
B. If LICENSEE grants any previously approved sublicenses for the use of the Trademarks
in countries outside of the United States, LICENSEE shall pay LICENSOR FIFTY
PERCENT (50%) of the gross income received by LICENSEE from such sublicensees.
47
C. LICENSEE shall provide LICENSOR with a written royalty statement in a form
acceptable to LICENSOR each Royalty Period whether or not any Licensed Products
were sold during that Period and the receipt or acceptance by LICENSOR of any royalty
statement or payment shall not prevent LICENSOR from subsequently challenging the
validity or accuracy of such statement or payment.
D. "Net Sales" shall mean LICENSEE's gross sales (the gross invoice amount billed
customers) of Licensed Products, less discounts and allowances actually shown on the
invoice and less any bona fide returns. No other costs incurred in the manufacturing,
selling, advertising, and distribution of the Licensed Products or any uncollectible
accounts or allowances shall be deducted.
4. AUDIT
A. LICENSOR shall have the right, upon at least five (5) days written notice to inspect
LICENSEE's books and records and all other documents and material in the possession
of or under the control of LICENSEE with respect to the subject matter of this Agreeme nt
at a location in the United States. LICENSOR shall have free and full access thereto for
such purposes and shall be permitted to make copies thereof and extracts therefrom.
B. In the event that such inspection reveals a discrepancy in the amount of Roya lty owed
LICENSOR from what was actually paid, LICENSEE shall pay such discrepancy, plus
interest, calculated at the rate of ONE AND ONE-HALF PERCENT (1 1/2%) per month.
In the event that such discrepancy is in excess of ONE THOUSAND UNITED STATES
DOLLARS ($1,000.00), LICENSEE shall also reimburse LICENSOR for the cost of such
inspection including any attorney's fees incurred in connection therewith.
C. All books and records relative to LICENSEE's obligations hereunder shall be maintained
and kept accessible and available to LICENSOR for inspection in the United States for at
least three (3) years after termination of this Agreement.
48
D. If an investigation of LICENSEE's books and records is made, certain confidential and
proprietary business information of LICENSEE may necessarily be made available to the
person or persons conducting such investigation. It is agreed that such confidential and
proprietary business information shall be retained in confidence by LICENSOR and shall
not be used by LICENSOR or disclosed to any third party for a period of two (2) years
from the date of disclosure, or without the prior express written permission of LICENSEE
unless required by law. It is understood and agreed, however, that such information may
be used in any proceeding based on LICENSEE's failure to pay its actual Royalty
obligation.
5. WARRANTIES AND OBLIGATIONS
A. LICENSOR represents and warrants that it has the right and power to grant the licenses
granted herein and that there are no other agreements with any other party in conflict
herewith.
B. LICENSOR further represents and warrants that to the best of its knowledge; the
Trademarks do not infringe any valid right of any third party.
C. LICENSEE represents and warrants that it will use its best efforts to promote, market,
sell, and distribute the Licensed Products.
D. LICENSEE shall be solely responsible for the manufacture, production, sale, and
distribution of the Licensed Products and will bear all related costs associated therewith.
E. It is the intention of the parties that LICENSEE shall introduce the Licensed Products in
all countries in the Territory on or before [INSERT DATE]. Failure to meet this deadline
shall constitute grounds for immediate termination of this Agreement by LICENSOR.
49
6. NOTICES, QUALITY CONTROL AND SAMPLES
A. The licenses granted hereunder are conditioned upon LICENSEE's full and complete
compliance with the marking provisions of the patent, trademark and copyright laws
of the United States and other countries in the Territory.
B. The Licensed Products, as well as all promotional, packaging, and advertising

material relative thereto, shall include all appropriate legal notices as required by
LICENSOR. [INSERT REQUIRED NOTICE].
C. The Licensed Products shall be of a high quality which is at least equal to comparable
products previously manufactured and marketed by LICENSEE under the trademarks
and in conformity with a standard sample approved by LICENSOR.
D. If the quality of a class of the Licensed Products falls below such a production -run
quality, as previously approved by LICENSOR, LICENSEE shall use its best efforts
to restore such quality. In the event that LICENSEE has not taken appropriate steps
to restore such quality within thirty (30) days after notification by LICENSOR,
LICENSOR shall have the right to terminate this Agreement and require that the
LICENSEE cease using the Trademarks.
E. Prior to the commencement of manufacture and sale of the Licensed Products,

LICENSEE shall submit to LICENSOR, at no cost to LICENSOR and for approval
as to quality, six (6) sets of samples of all Licensed Products which LICENSEE
intends to manufacture and sell and one (1) complete set of all promotional and
advertising material associated therewith. Failure of LICENSOR to approve such
samples within thirty (30) working days after receipt thereof will be deemed approval.
Once such samples have been approved by LICENSOR, LICENSEE shall not
materially depart therefrom without LICENSOR's prior express written consent,
which shall not be unreasonably withheld.
F. At least once during each calendar year, LICENSEE shall submit to LICENSOR, for
approval, an additional six (6) sets of samples.
50
G. The LICENSEE agrees to permit LICENSOR or its representative to inspect the
facilities where the Licensed Products are being manufactured and packaged.
7. NOTICE AND PAYMENT

A. Any notice required to be given pursuant to this Agreement shall be in writing and
delivered personally to the other designated party at the above stated address or mailed
by certified or registered mail, return receipt requested or delivered by a recognized
national overnight courier service, except e-mail may be used for day-to-day operations
and contacts but not for ‘notice’ or other communications required under this agreement
or by law.
B. Either party may change the address to which notice or payment is to be sent by written
notice to the other in accordance with the provisions of this paragraph.
8. PATENTS, TRADEMARKS AND COPYRIGHTS
A. LICENSOR shall seek, obtain and, during the Term of this Agreement, maintain in its
own name and at its own expense, appropriate protection f or the Trademarks, and
LICENSOR shall retain all right, title and interest in the Trademarks as well as any
modifications made to the Trademarks by LICENSEE. LICENSEE agrees that its use of
the Trademarks inures to the benefit of LICENSOR and that the LICENSEE shall not
acquire any rights in the Trademarks.
B. The parties agree to execute any documents reasonably requested by the other party to
affect any of the above provisions.
C. LICENSEE acknowledges LICENSOR's exclusive rights in the Trademarks and, fu rther,

acknowledges that the Trademarks are unique and original to LICENSOR and that
LICENSOR is the owner thereof. LICENSEE shall not, at any time during or after the
effective Term of the Agreement dispute or contest, directly or indirectly, LICENSOR's
exclusive right and title to the Trademarks or the validity thereof. LICENSOR, however,
makes no representation or warranty with respect to the validity of any patent, trademark
or copyright which may issue or be granted therefrom.
51
9. TERMINATION OR EXPIRATION
A. In addition to the termination rights that may be provided elsewhere in this Agreement,
either party may terminate this Agreement upon thirty (30) days written notice to the other
party in the event of a breach of a material provision of this Agreement by the other party,
provided that, during the thirty (30) day period, the breaching party fails to cure such
breach. Upon expiration or termination, all Royalty obligations, including any unpaid
portions of the Guaranteed Minimum Royalty, shall be accelerated and shall immediately
become due and payable, and LICENSEE's obligations for the payment of a Royalty and
the Guaranteed Minimum Royalty shall survive expiration or termination of this
Agreement and will continue for so long as LICENSEE continues to manufacture, sell or
otherwise market the Licensed Products.
B. Upon expiration or termination, LICENSEE shall provide LICENSOR with a complete

schedule of all inventory of Licensed Products then on-hand (the "Inventory").
C. Upon expiration or termination, except for reason of a breach of LICENSEE's duty to

comply with the quality control or legal notice marking requirements, LICENSEE shall
be entitled, for an additional period of three (3) months and on a nonexclusive basis, to
continue to sell such Inventory. Such sales shall be made subject to all of the provisions
of this Agreement and to an accounting for and the payment of a Royalty thereon, due
and paid within thirty (30) days after the close of the three (3) month period
D. Upon the expiration or termination of this Agreement, all of the rights of LICENSEE
under this Agreement shall terminate and immediately revert to LICENSOR and
LICENSEE shall immediately discontinue all use of the Trademarks at no cost
whatsoever to LICENSOR, and LICENSEE shall immediately return to LICENSOR all
material relating to the Trademarks including at no cost to LICENSOR.
10. GOOD WILL

LICENSEE recognizes the value of the good will associated with the Trademarks and
acknowledges that the Trademarks and all rights therein including the good will
pertaining thereto, belong exclusively to LICENSOR.
52
11. INFRINGEMENTS
If an action for infringement of the rights licensed in this Agreement is brought, each
party shall execute all papers, testify on all matters, and otherwise cooperate in every way
necessary and desirable for the prosecution of any such lawsuit.
12. INDEMNITY
LICENSEE agrees to defend and indemnify LICENSOR, its officers, directors, agents
and employees, against all costs, expenses and losses (including reasonable attorneys'
fees and costs) incurred through claims of third parties against LICENSOR based on the
manufacture or sale of the Licensed Products including, but not limited to, actions
founded on product liability.
13. INSURANCE
LICENSEE shall, throughout the Term of the Agreement, obtain and maintain at its own
cost and expense from a qualified insurance company licensed to do business in
California, standard Product Liability Insurance naming LICENSOR as an additional
named insured. Such policy shall provide protection against any and all claims, demands
and causes of action arising out of any defects or failure to perform, alleged or otherwise,
of the Licensed Products or any material used in connection therewith or any use thereof.
The amount of coverage shall be a $10 million combined single limit for each single
occurrence for bodily image and/or property damage. The policy shall provide for ten
(10) days’ notice to LICENSOR from the insurer by Registered or Certified Mail, return
receipt requested, in the event of any modification, cancellation or termination thereof.
LICENSEE agrees to furnish LICENSOR a certificate of insurance evidencing same
within thirty (30) days after execution of this Agreement and, in no event shall
LICENSEE manufacture, distribute or sell the Licensed Products prior to receipt by
LICENSOR of such evidence of insurance.
14. JURISDICTION AND DISPUTES

A. This Agreement shall be governed in accordance with the laws of the State of California,
United States of America.
53
B. Any controversy, claim or dispute arising out of or relating to this Agreement or the
breach, termination, enforcement, interpretation or validity thereof, including the
determination of the scope or applicability of this agreement to arbitrate (except at the
option of either party for any application for injunctive relief) shall be finally settled by
arbitration in Los Angeles County California under the rules of the American Arbitration
Association (AAA) before one arbitrator and judgment upon the award rendered may be
entered in any court having jurisdiction. In this regard, the parties submit to the personal
subject matter jurisdiction of the State of California. The arbitration provisions of this
Section shall be interpreted according to, and governed by, the Federal Arbitration Act,
and any action to enforce any rights hereunder shall be brought exclusively in the U.S.
District Court for the Central District of California. EACH PART HERETO
KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES AN RIGHT
TO A TRIAL BY JURY OF ANY DISPUTE RELATING TO THIS AGREEMENT
AND AGREES THAT ANY SUCH ACTION SHALL BE ADJUDICATED BY AN
ARBITRATOR AND WITHOUT A JURY.
C. The parties may mutually agree upon any procedure for appointing the arbitrator and shall
inform the AAA administrator as to such procedure; however, if within 45 days after the
commencement of the arbitration, all of the parties have not mutually agreed on a
procedure for appointing the arbitrator or have not mutually agreed on the designation of
the arbitrator the AAA administrator shall unilaterally appoint and designate the presiding
arbitrator.
D. If a party fails to file a statement of defense within the time established by the tribunal
without showing sufficient cause for such failure, as determined by the tribunal, or if a
party, duly notified, fails to appear at a hearing without showing sufficient cause for such
failure, as determined by the tribunal, the tribunal may proceed with the arbitration; or if
a party, duly invited to produce evidence or take any other steps in the proceedings fails
to do so within the time established by the tribunal without showing sufficient cause for
such failure, as determined by the tribunal, the tribunal may make the award on the
evidence before it.
54
E. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration,
including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing
party.
15. AGREEMENT BINDING ON SUCCESSORS

The provisions of this Agreement shall be binding on and shall inure to the benefit of the
parties hereto, and their heirs, administrators, successors, and assigns.
16. WAIVER
No waiver by either party of any default shall be deemed as a waiver of prior or
subsequent default of the same or other provisions of this Agreement.
17. SEVERABILITY
If any term, clause, or provision hereof is held invalid or unenforceable by a court of
competent jurisdiction, such invalidity shall not affect the validity or operation of any
other term, clause or provision and such invalid term, clause or provision shall be deemed
to be severed from the Agreement.
18. NO JOINT VENTURE

Nothing contained herein shall constitute this arrangement to employment, a joint venture
or a partnership.
19. ASSIGNABILITY
The license granted hereunder is personal to LICENSEE and shall not be assigned by any
act of LICENSEE or by operation of law unless in connection with a transfer of
substantially all of the assets of LICENSEE or with the consent of LICENSOR.
20. GOVERNMENTAL APPROVAL

As promptly as possible after execution of this Agreement, LICENSE agrees to submit
copies of this Agreement to any government agency in any country in the Territory where
55
approval of a license agreement is necessary and agrees to promptly prosecute any such
application diligently. This Agreement shall only become effective I such country or
countries upon receipt of appropriate approval from the applicable governmental agency.
21. INTEGRATION
This Agreement constitutes the entire understanding of the parties and revokes and
supersedes all prior agreements between the parties, including any option agreements
which may have been entered into between the parties, and is intended as a final
expression of their Agreement. It shall not be modified or amended except in writing
signed by the parties hereto and specifically referring to this Agreement. This Agreement
shall take precedence over any other documents which may be in conflict with said
Agreement.
22. AMENDMENTS
Any amendment to this Agreement must be in writing and signed by an authorized person of
each party.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have each
caused to be affixed hereto its or his/her hand and seal the day indicated.
By: Soham Shahu By: B. L. Shah

Title: Deshi Tadka
Date: 3/8/2019 Date: 3/8/2019
56
6. TRADEMARK INFRINGEMENT

AHMEDABAD
Suit No.2346 of 2020
1) SHUBHLAXMI TRADERS
2nd Floor,Punit Plaza,B/H ,
Navgujarat College,
Ashram Road, Ahmedabad,
Gujarat 380014 … Plaintiff
Versus
2) THAKAR TRADERS,
32, Raj Ratna Complex,
Navrangpura Cross Rd,
Opposite Municipal School,
Navarangpura Gam,
Navrangpura, Ahmedabad,
Gujarat 380009 … Defendant
SUIT UNDER SECTIONS 134 AND 135 OF THE TRADE MARKS ACT, 1999 AS WELL
AS UNDER SECTION 51 OF THE INDIAN COPYRIGHT ACT, 1957 FOR THE RELIEF
OF PERMANENT INJUNCTION TO RESTRAIN PASSING OFF, INFRINGEMENT OF
TRADE MARK AND COPYRIGHT, DELIVERY UP, RENDITION OF ACCOUNTS
ETC.
57
RESPECTFULLY SHEWETH: -
1. The plaintiff SHUBHLAXMI TRADERS, 2nd Floor,Punit Plaza,B/H Navgujarat

College, Ashram Road, Ahmedabad, Gujarat 380014, is engaged in the business of
manufacture, marketing goods (referred to as "the said goods and business").
SHUBHLAXMI TRADERS is duly authorized to institute and file this suit, depose to its
facts, sign and verify its pleadings and do all acts necessary for its conduct and pursuance.
He is also otherwise aware of the facts and circumstances of the case.
2. The plaintiff has been engaged in the said goods and business since the year 1995. In the
year 1995 the plaintiff adopted the Trade Marks HS LOGO Label (word per se and in an
artistic manner) and has been using the same by itself as also in an artistic label. The trade
mark/label of the plaintiff are annexed herewith as ANNEXURE P-I (colly).
3. In the year 1995 the plaintiff honestly, bonafidely and in the course of trade, adopted the
trade mark HS LOGO Label. The plaintiff has been using the said Trade Mark/Label
since then up till present time continuously, uninterruptedly, as an exclusive proprietor
and owner. The plaintiff is prior and senior adopter of the said trade mark/label in relation
to said goods and business. (Hereinafter referred to as "the said Trade Mark/label/trade
name").
4. The said trade mark/labels are registered under the provisions of Trade Marks Act, 1999
in favour of the plaintiff, particulars whereof are set out hereinunder: -
Trade Mark: HS Logo

Regd. Trade Mark No.: xxxxxxxxxxx
Class:30
Goods: Food for human consumption including spices, etc.

Status: Registered.
Effective from: 13 June, xxxx
58
The copies of the plaintiff’s trade mark registrations as well as pending applications are annexed
herewith as ANNEXURE.
5. That The Copyright involved in the said Trade Mark/label are original artistic works
within the meaning of Indian Copyright Act, 1957 (the Copyright Act) and the plaintiff is
the author, owner and proprietor thereof. The Labels of the plaintiff are duly with the
Registrar of Copyright under nos. A-xxxxxx/2009 and Axxxxxx/2003 respectively. Copy
of the aforesaid are annexed herewith as ANNEXURE. All references to the said Trade
Mark/label include their respective copyright therein as well.
6. Since the year 1995 respectively the plaintiff has been honestly, bonafidely and during
trade using the said Trade Mark/label/trade name as proprietor thereof in respect of his
said goods and business, continuously, openly and without any interruption or
interference from any corner whatsoever and has built up a valuable trade, goodwill and
reputation thereunder and acquired proprietary rights therein.
7. The plaintiff is the proprietor, prior and senior adopter and user of his said trade
mark/label/trade name. The said goods and business being carried on by the plaintiff under
his said trade mark/label/trade name is a very extensive one and the said goods and
business thereunder have been practically distributed in major parts of the country. The
said goods and business under the said trade mark/label/trade name are identified as
exclusively originating from the plaintiff's source and are identified with the plaintiff. The
said trade mark/label have already become distinctive and associated with the plaintiff
and the plaintiffs’ said goods and business on account of its long, continuous, extensive
and exclusive user thereof since 1995 respectively till date.
8. The plaintiff's goods and business under his said trade mark/label/trade name has acquired
tremendous goodwill and enviable reputation in the markets and the plaintiff has already
built up a handsome and valuable trade thereunder. The plaintiff thereunder has already
commanded handsome sales running into lakhs and lakhs of Rupees every year since its
said inception, adoption and user thereof. The Sales Figures of the plaintiff are filed
herewith as ANNEXURE.
59
9. The plaintiff has been continuously promoting his said goods and business under his said
trade mark/label through different means and modes including through th eir
advertisements and publicity in leading newspapers, of trade literature, trade hoardings
and boards etc. The plaintiff has already spent enormous amounts of money on its
publicity thereof. In consequence thereof and having regard to the aforesaid inclu ding to
the excellent quality and the high standards of the plaintiff’s manufacture and trade under
his said trade mark/label, they enjoy solid, enduring and first-class reputation in the
markets.
10. The plaintiff maintains the highest standards of manufacture and trade of his said goods
and business. The plaintiffs said trade mark/label are well known Trade Marks within the
meaning of Section 2(1) (zg) of the Trade Marks Act, 1999.
11. The said Trade Mark/label have already become a distinctive indicium of the plaintiff and
the plaintiff’s said goods and business thereunder. The purchasing public, trade and public
at large associates, identifies and distinguishes the said trade mark/label with the plaintiffs
and the plaintiffs’ said goods and business alone. The plaintiff's goods and business are
dependent thereon. The plaintiff contends that the said trade mark/label have acquired
secondary significance denoting the said goods and business of the plaintiff and are
plaintiffs’ source alone. They have become synonymous with the goods and business of
the plaintiff.
12. The plaintiff is the proprietor of his said trade mark/label both under the statutory law and
under the common law. Nobody can be permitted to use or deal with the same or any other
Trade Mark/label identical with or deceptively similar thereto, either by itself or in its
essential/constituent features including the copyright thereon in relation to the
same/similar/allied/cognate goods or business as that of the plaintiff or for that matter any
specification of goods or business without the leave and license of the plaintiff. Any such
violative use will be in violation of the plaintiff proprietary Trade Mark and copyright
rights thereto.
60
13. That the defendant in the same/similar trade and business as that of the plaintiff, namely,
in the manufacture and trade of spices and other allied and related goods under the trade
marks HS Logo. [referred to as the "impugned goods and business" and a term that
includes goods of allied/cognate nature and "impugned trade mark/label/trade name"].
The plaintiff is not aware of the exact constitution of the defendant and he is called upon
to disclose the same. The impugned trade mark/label of the are annexed herewith as
ANNEXURE.
14. The defendant is commercially and in the course of trade using the impugned Trade
Mark/label as a Trade Mark in relation to its impugned goods and business as also
reproducing the impugned copyright therein on its cartons and boxes. The defendant is
doing so without the leave and license of the plaintiff. The defendant is not the proprietor
of the impugned Trade Mark/label.
15. The impugned Trade Mark/label/trade name is identical with and deceptively similar
respectively to the plaintiffs said Trade Mark/label in each and every respect including
phonetically, features. The defendant impugned goods an d business is also of the
same/similar/allied/cognate nature to the said goods and business of the plaintiff.
16. By its impugned adoption and user of the impugned Trade Mark /label/trade name the
defendant is –
a) Infringing the registered trademarks of the plaintiff.
b) Passing off and enabling others to pass off their goods and business as that of the plaintiff.
The defendant is thus thereby violating the plaintiff common law rights in the plaintiff’s
said
Trade Mark/label/Trade Name;
c) Infringing the plaintiff Copyright in the said Trade Mark/label by inter alia using,
publishing, reproducing and otherwise commercially and for the purposes of trade using
the impugned identical with and deceptively similar impugned trade mark/label
61
respectively for the purposes of its impugned goods and business as also passing off the
plaintiff's common law rights therein;
d) Not only that the defendant is further guilty of falsification and unfair and unethical trade
practices.
17. The defendant is not the proprietor of the impugned trade mark/label/trade name and has
no right to adopt or use the same as a trade mark or as a copyright or in any other manner
whatsoever including under the laws of equity, common law and statutory law in respect
of the impugned goods and business or allied/cognate thereto or otherwise being in
complete violation of the plaintiffs’ aforesaid rights.
18. The impugned adoption and user by the defendant are dishonest, tainted, malafide and
fraudulent. The defendant adopted and started commercially using the impugned trade
mark/label/trade name in respect of the impugned reputation and goodwill of the plaintiff
and further with a view to calculate deception and confusion in the markets and to pass
off their impugned goods and business as that of the plaintiff and to make easy money at
the cost of the plaintiff. The defendant is fully aware or ought to be aware of the plaintiff
said rights, users and reputation of the plaintiff in the plaintiff said trad e mark/label/trade
name, at the time of their impugned adoption and user of the impugned trade
mark/label/trade name.
19. The resemblance between the plaintiff said trade mark/label/trade name and of the
impugned trade mark/label/trade name respectively of the defendant are so close that it
can hardly occur except by deliberate imitation. The defendant adopted and started using
the impugned trade mark/label/trade name in full knowledge of the plaintiff said rights.
The unwary purchasers which include each and every section of society including the not
so well-educated people are bound to be deceived and are being deceived in dealing with
and purchasing the defendant impugned goods and business under the impugned trade
mark/label under the impression that it is emanating from the plaintiff source or that some
vital links exist between the plaintiff and the defendant. Defendant appear to have been
tempted by the singular reputation of the plaintiff. By its impugned adoption and user of
62
the impugned trade mark/label/trade name, the defendant is disseminating confusion and
deception in the markets with the result that the spurious goods of the defendant are being
passed off as the genuine goods of the plaintiff. By the impugned adoption and user
deception and confusion is caused in the market.
20. In about the beginning of March 2xxx the plaintiff came across the impugned goods of
the defendant under the impugned trade mark/label/trade name in the markets. impugned
mark/label/trade name. The inquiries of the plaintif f revealed that the defendant had just
about recently and in the beginning of March 2xxx had started commercially using the
impugned Trade Mark/label/trade name on its vendible articles viz. the impugned goods.
The defendant are carrying on its impugned activities in clandestine manner. The
defendant are not issuing any formal bills and invoices against its sales. The plaintiff also
launched inquiries with the Registrar of Trade Marks at Delhi which revealed that the
defendant had even filed trade mark application under No.xxxxxxx in class 30 in respect
of trade mark HS LOGO. The aforesaid application is false, fraudulent and illegal and
plaintiff has filed their objections dated 23 March 2xxx thereto under Sections 18 and 19
of The Trade Marks Act,1999. The plaintiff also issued upon the defendant cease and
desist notice dated 1 March 2006 which was replied to through counsel by the defendant
by letter dated 16 April 2xxx on false claims and assertions.
21. The cause of action arose in favour of the plaintiff and against the defendant in the
beginning of March 2007 when the plaintiff learnt of the defendant impugned adoption
and user. The cause of action also arose on 23 March 2007 when plaintiff issued upon the
defendant cease and desist notice. The cause of action further arose on 16.4.2xxxx when
the defendant failed to comply with the requisition of plaintiff’s cease and desist notice.
The cause of action is a continuous one and is accruing every day and sh all continue to so
accrue till the defendant cease with their impugned adoption and user of the impugned
trade mark/label amounting to complete violation of the plaintiffs’ rights in the said trade
mark/label.
22. This Hon'ble Court has the territorial jurisdiction to try and adjudicate upon the present
suit. The defendant is committing the impugned acts within the jurisdiction of this
impugned trade mark/label/trade name in Delhi besides other parts of the country. The
63
plaintiff is carrying on its said goods and business under the said Trade Mark/label in
Delhi. The plaintiff’s trade mark registrations are affected from the Trade Marks Registry,
Delhi. The impugned application for registration under No. xxxxxxx in class 30 is filed
by the defendant through Trade Marks Registry, Delhi on all India basis including Delhi.
The plaintiff has tremendous goodwill and reputation in its said trademarks/labels in Delhi
which is being tarnished by defendant impugned activities of the Defendant in Delhi. The
plaintiffs said proprietary rights are being prejudicially affected in Delhi due to the
defendant impugned activities. This Hon'ble Court, as such, has the jurisdiction to try and
adjudicate the present suit by virtue of Section 62 (2) of the Indian Copyright Act 1957
and Section 134 of the Trade Marks Act.
23. That the plaintiff values the suit for purposes of Court fee and jurisdiction in the following
manner: -
a) for the grant of permanent injunction as prayed for in para 24(a) to (b) and for delivery
up as prayed for in para 24(c) it is valued for the purpose of court fee and jurisdiction at
Rs.100,000 each and court fee of Rs. 1000each totalling Rs.1 LAKH is affixed.
b) for an order for rendition of accounts of profits illegally earned by the defendant it is
valued for the purposes of jurisdiction and court fee at Rs. 1000/- and court fee of Rs.150/-
is affixed thereon as the plaintiff estimates that such an amount shall be found due to the
plaintiff from the defendant on rendition of accounts having gone in to. The plaintiff
undertakes to pay such additional court fees it may be directed to pay by this.
24. The plaintiff, therefore, prays: -
a) for a decree of permanent injunction restraining the defendant’ by themselves as also through
their individual proprietors, partners, directors, C and f agents, agents, representatives,
distributors, assigns, heirs, successors, stockists and all others acting for and on their behalf
from using, selling, soliciting, exporting, displaying, advertising - by visual, audio, print mode
– or by any other mode or manner or dealing in or using the impugned trade mark HS Logo
or any other identical with and/or deceptively similar word/mark/name in relation to their
64
impugned goods and business of spices and related/allied products or an y other goods/product
and from doing any other acts or deeds amounting to or likely to amount:-
i. Infringement of plaintiff's registered trademarks.
ii. Passing off and violating the plaintiffs common law rights in the plaintiff’s HS LOGO
Trade Mark/label/trade name;
iii. Infringing the plaintiff’s registered Copyright and also passing off the plaintiff's common
law rights therein.
b) For an order for delivery up of all the defendant impugned goods and business bearing the
impugned trade mark/label including packing material, carton boxes, carry bags, finished and
unfinished goods, boxes, stickers, blocks, dies or any other incriminating material including
display boards and sign boards and trade literature to the plaintiff for the purposes of
destruction and erasure.
c) For an order of rendition of accounts of the defendant and a decree to the plaintiff on the
amount so ascertained. And
d) For such other and further relief(s) as this Hon'ble Court may deem fit and proper in the facts
and circumstances of this case.
Prayed accordingly.
____________________
SHUBHLAXMI TRADERS
Plaintiff
Through
ADVOCATE
Place: AHMEDABAD
Date:
65
VERIFICATION: -
I, SHUBHLAXMI TRADERS, do hereby verify that the contents of paras No.1 to 24of the plaint
are true to my knowledge as derived from the records of the plaintiff firm as also from my own
knowledge and those of paras No.1 to 24 are true on information received and believed to be true.
Last para is by way of prayer to this Hon'ble Court. The legal submissions are on advice, believed
to be true.
Signed and verified at AHMEDABAD on this 10th day of March, 2020
66
AHMEDABAD
Suit No.2346 of 2020
1) SHUBHLAXMI TRADERS
2nd Floor,Punit Plaza,B/H ,
Navgujarat College,
Ashram Road, Ahmedabad,
Gujarat 380014 … Plaintiff
Versus
2) THAKAR TRADERS,
32, Raj Ratna Complex,
Navrangpura Cross Rd,
Opposite Municipal School,
Navarangpura Gam,
Navrangpura, Ahmedabad,
Gujarat 380009 … Defendant
AFFIDAVIT IN SUPPORT OF THE PLAINT
Affidavit of SHUBHLAXMI TRADERS, 2nd Floor,Punit Plaza,B/H Navgujarat College,

Ashram Road, Ahmedabad, Gujarat 380014.
I the above-named deponent do hereby solemnly affirm, declare, and say as under: -
1. I am proprietor of the plaintiff firm and have been duly entitled to institute and file this suit
as also verified its pleadings and depose to its facts. I am aware of the facts and circumstances
of this case and can swear this affidavit.
67
2. I say that the contents of paras No.1 to 24of the plaint are tru e to my knowledge as derived
from the records of the plaintiff firm as also from my own knowledge and those of paras No.1
to 24 are true on information received and believed to be true. Last para is by way of prayer
to this Hon'ble Court. The legal submissions are on advice, believed to be true.
3. The legal submissions are on advice, believed to be true.
4. The documents in so far as they pertain to the plaintiff are true copies of their respective
originals.
DEPONENT
VERIFICATION: -
I, the above-named deponent does hereby verify that the contents of my above affidavit are true
and correct to my knowledge.
Signed and verified at AHMEDABAD on 10th day of March, 2020.
DEPONENT
68
7. AGREEMENT BETWEEN AUTHOR AND PUBLISHER
WHEREAS Mr. Shuhan ray hereinafter called the ‘‘Author’’, has written a work entitled
“discovered” hereinafter called the “Work” and whereas himansu gupta Publishing Co, having
its business premises at Delhi, hereinafter called the ‘‘publishers’’ are desirous of publishing the
Work in book form and whereas the Author agrees to prepare and supply to the Publishers before
8/10/2017 (Date) a double-spaced typescript of the work suitable for use as printer’s copy and
acceptable to the Publishers in content and form, together with illustrations as may be mutually
deemed desirable and in a form mutually agreed and with index, the Author does hereby grant
and convey to the Publishers the right to:
Print, publish and sell the Work, for the First edition thereof and including all translations,
abridgments and adaptations thereof in English and Indian languages.
The copyright, save the rights assigned herein to the Publishers, shall vest in the Author.
The Publishers, in consideration thereof, agree to publish the Work in book form at their expense,
in a style as to paper, printing and binding considered suitable by the Publishers, and to use all
ordinary means to market the said Work upon terms as follows:
1) Publication, Sale and Terms of Sale. —The Publishers shall have exclusive control of the
form, get-up, price, sale and terms of sale of the Work.
2) Royalties:
a) The Publishers agree to pay to the Author a royalty of 10 per cent of the list price on each
copy of the work sold.
b) The Publishers agree to render to the Author statements of copies sold semi-annually as
on June 30 and December 31 each year, and to make settlements thereof within one month
thereafter.
69
c) No Royalty will be payable in respect of any copies given away for review or
complimentary copies.
d) If the Publishers themselves undertake the publication of translations, or abridgments, or

adaptations of the Work in English or in Indian languages, this agreement will govern, as
far as the context will permit, such publication by the Publishers and accounting and
payment to the Author will be governed by clauses 2(a), 2(b) and 2(c) above, subject to
the deduction of expenses incurred by the Publishers in having the said translations,
abridgments or adaptations prepared.
3) Author’s corrections. —Should the Author make or cause to be made any alterations in type,
illustrations or plates which are not corrections of typographical or draftsman’s errors, which
shall cost in excess of twenty per cent (20%) of the cost of composition independent of the
cost of the said alterations, the cost of such excess alterations shall be charged to, and paid
for by, the Author.
The Publishers may, at their discretion, agree to debit such charges to the royalty account.
4) Delivery of work. —If the Author fails to supply the full and final typescript along with the
agreed illustrations by the date mentioned for this purpose in this agreement, the Publishers
shall have the option, any time after this date, unilaterally to declare this agreement cancelled
after giving the Author thirty days’ notice in writing to provide the necessary material, unless
the Publishers have meanwhile agreed in writing to an extension of the period of submitting
the material. In the absence of such a written notice, this agreement will continue to be fully
effective and for this period the Publishers will be deemed to have agreed to an extension of
the date for the delivery of the material till the date of the expiry of any notice the Publishers
may subsequently serve on the Author.
5) Correction of proofs. —The Author undertakes diligently to check and correct printers’ proofs
sent to him for this purpose by the Publishers and to return them to the Publishers within 10
days of the receipt of the proofs. If the Author fails or is unable to check proofs as just
stipulated, the Publishers shall be free to arrange for such checking by a person competent, in
70
the Publishers’ judgment, to do so and the cost of this arrangement will be debited to the
royalty account of the Work as the first charge.
6) Subject-index. —The Author agrees to provide a subject-index for each edition of the book.
On his inability or refusal to do so, the Publishers would be free to get the same prepared by
any person deemed competent by them and the cost will be debited to the royalty account as
a first charge.
7) Author’s copies. —The Publishers agree to give to the Author on publication of each new
edition of the Work. . . . . . . . .copies of that edition and to sell him such additional copies as
he desires for personal use and not for resale at the terms allowed by the Publishers to
booksellers, both in respect of discount and packing, postage, freight and forwarding charges.
8) Damaged copies. —The Publishers may dispose of copies of the Work damaged in storage
and/or transit or by any other means or circumstances rendered unsaleable, either by
discarding them as waste or selling them as scrap below cost and, on copies so discarded or
sold, no royalties will be payable.
9) Supplement. —If and when a supplement to the Work is deemed necessary by the Publishers,
the Author agrees to supply the same within reasonable time failing which the Publishers
would be at liberty to get the same prepared against his cost.
10) Warranty. —The Author warrants that the Work is original except for such excerpts from
copyrighted works as may be included with the permission of the copyright owners thereof,
that it contains no libellous statements, that it contains nothing unlawful, and does not infringe
upon any copyright, trademark, patent, statutory right, proprietary right of others, and that he
will indemnify the Publishers against any costs, expenses and damages arising from any of
this warranty.
11) Assignments. —This agreement may be assigned by either party, but only as a whole, and no
part of the respective interests of either party may be assigned without the written consent of
71
the other party. Notwithstanding any such assignments, this agreement shall be binding on
the parties hereto, their heirs, successors, assigns and personal representatives.
12) Protection of copyright. —The Publishers shall be free to take, on the Author’s behalf but at
the Publishers’ expense, any action, including legal action, that the Publishers may consider
necessary to protect their rights under this agreement arising out of the Author’s copyright in
the Work.
13) Disputes. —If a dispute arises between the parties to this agreement concerning matters
covered by this agreement or incidental thereto, this dispute will be referred to the arbitration
of two arbitrators, one each appointed by the parties hereto, and, in case the arbitrators
disagree, to an umpire of their choice, and the provisions of the Indian Arbitration Act as in
force at the time of the arbitration will apply.
IN WITNESS WHEREOF this agreement has been executed by the parties hereto on the dates
following their signatures.
Date:
Author
————————
Publishers
———————— Witnesses:
72
1. JUDGEMENT OF HERO CORP LTD. v/s. RAO SCANS (P.) LTD
NATIONAL COMPANY LAW APPELLATE TRIBUNAL, AHMEDABAD
Hero Corp Ltd.

v.
RAO Scans (P.) Ltd.
JUSTICE SMIT PANDYA, CHAIRPERSON MINA ROY, JUDICIAL MEMBER AND SEMA
KHAN, TECHNICAL MEMBER COMPANY APPEAL (AT) (INSOLVENCY NO. 756 OF 2018
February 17, 2019
FACTS:
• The applicant had supplied goods to respondent and respondent had made use of the goods
supplied by the applicant without any complaint.
• Respondent however, failed to make payment for the goods supplied despite several oral
requests. Respondent issued 11 cheques for payment of the outstanding amount, but all the
relevant cheques given by the respondent were dishonoured and for such dishonour of cheque
criminal complaints had been filed against the respondent company.
• Applicant issued notice demanding payment of outstanding amount and later also got issued
a legal notice to the respondent calling upon it to make payment of outstanding amounts to
which respondent gave reply notice dated 03-01- 2018.
• Applicant issued demand notice under section 8(1) of Insolvency and Bankruptcy Code, 2016,
however the respondent did not give any reply to the demand notice.
• Thereby, the applicant as 'Operational Creditor' filed application against respondent

Corporate Debtor under section 9 of IBC, 2016 (IBC, 2016) read with rule 6 of the Insolvency
73
and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (rules) to trigger
'Corporate Insolvency Resolution Process'.
• Applicant also named the Insolvency Resolution Professional and filed copy of certificate
from the financial institution maintaining its account along with an additional affidavit.
HELD:
Whether any dispute had been raised by respondent/Corporate Debtor within meaning of sub -
section (6) of section 5 or sub-section (2) of section 8 of IBC and if, there is any such dispute,
whether it is a bona fide dispute on substantial grounds?
• Admittedly, applicant issued four notices under section 138 of the N.I. Act in relation to
dishonour of cheques issued by one RSPL on behalf of respondent company. [Para 9]
• Admittedly, in reply to the statutory notice issued by the applicant under section 138 of the
NI Act on behalf of respondent company, it is clearly stated that RSPL who signed the
impugned cheques is not a director from 01-05- 2019 and the same was informed to the
applicant by e-Mail dated 10-8-2019.
• The main dispute raised in the reply notice is that the cheques were not issued by the
authorised signatory of respondent company and they were issued by one RSPL who reported
to the company that the cheques were lost. In the said reply notice it is also alleged that the
applicant company in collusion with RSPL created false documents i.e., cheques and
committed offences under sections
406, 420, 465, 467 and 471 IPC. [Para 9.1]
• Admittedly, on 8-12-2016, applicant issued a statutory notice under section 433 of the
Companies Act and it was replied by respondent company. In that notice, it is clearly
mentioned that there was an understanding between the respondent and the applicant and his
father, that 50 per cent to be paid first, and remaining amount should be in 20 equal monthly
instalments. It is also stated that respondent paid Rs. 14,00,000 in cash on 22 -62016. In the
said notice it is clearly mentioned that there was a dispute with the earlier director Ramkumar
74
and due to those disputes, there was an understanding to pay the amount in 20 equal
instalments. In that notice there was a reference to the reply notice dated 16- 11-2016 for the
statutory notice issued under section 138 of the NI Act. In the reply to the demand notice
issued, a suggestion for reconciliation was made by the respondent. [Para
9.2]
• The dispute raised in the reply notice dated 17-11-2016 and the dispute raised in the reply
notice dated 3-1-2017 amount to dispute. Now, it has to be seen whether such a dispute is in
connection with clause (a), (b) or (c) of sub-section (6) of section 5, i.e., existence of amount
of debt or quality of goods or service or breach of representation or warranty. In the case on
hand, the dispute does not pertain to the quality of goods or service or breach of representation
or warranty. Therefore, it must be seen whether the dispute raised in reply notices relate to
the existence of the amount of debt. [Para 9.3]
• One of the bases for the claim made by the applicant is the dishonour of the cheques apart
from the debit notes. In the reply issued to the statutory notice issued under section 138 of the
NI Act, the validity of the issuance of cheques by RK, who happened to be not a director with
effect from 01-05- 2019, has been disputed. It may be said that the claim is not solely based
on dishonour of cheques but it is based on debit notes which has been admitted. [Para 9.4]
• In fact, the applicant contended that there is no dispute about the existence of debt. He also
pointed out that in the reply notices as well as in the reply to the demand notice, they have
admitted the existence of debts and sought for reconciliation. Apart of the argument of the
applicant that is in respect of agreeing for reconciliation is correct. But, as can be seen from
the reply notices that were placed on record that due to the dispute amongst the directors there
was an understanding among family members of the respondent company and the applicant
family people to pay 50 per cent of the amounts and rest of the amount in 20 equal monthly
instalments. In view of the said statement in the reply notices, it cannot be said that there is
any dispute regarding the existence of amount of debt. It only suggests that there is an
understanding between the family of the applicant and the family of the respondent to pay 50
per cent at once and pay rest of the amount in instalments. Such understanding cannot be
treated as a dispute regarding the existence of the amount of debt. More so, it confirms the
75
existence of debt. The dispute raised in reply notice is only in respect of the authority of the
person has signed the cheques but not to the existence of debt. [Para 9.5]
Whether there is sufficient compliance of section 9(c) of IBC?
• The applicant filed additional affidavit along with certificate of the banker. In the affidavit, it
is stated by the deponent that he is enclosing a copy of the certificate from the financial
institution maintaining the account of the operational creditor confirming that there is no
payment of unpaid operational debt by corporate debtor. The Certificate reads as to what are
the cheques received from respondent company for clearing. The applicant party also filed
statement of account from the bank and therefore there is sufficient compliance of section
9(c) of the Insolvency Bankruptcy Code, 2016. [Para 10]
• The application is complete in all respects. There is no dispute raised by the respondent
regarding the existence of the amount of debt, or quality of goods supplied. [Para 11]
• In view of the above said findings, the application deserves admission and accordingly the
application is admitted under sub-section (5) of section 9 of the Code and the Interim
Insolvency Resolution Professional is appointed under section 13(1)(c) of the Code. [Para 12]
• The Adjudicating Authority declares moratorium under section 13(1)(a). [Para 14]
CASE REFFERED:
Kirusa Software (P.) Ltd. v. Mobilox Innovations (P.) Ltd. [2017] 82 taxmann.com 191/142 SCL
310 (NCL - AT) (para 9.3).
Hemali Gandhi, ld. Adv. for the Applicant. Raj Upadhyaya, ld. Adv. for the Respondent.
76
JUDGEMENT:
I. Hero Corp. Limited, a Proprietorship Firm, styling as 'Operational Creditor' filed this
Application against Rao Scans (P) Limited describing it as 'Corporate Debtor' under
Section 9 of the Insolvency & Bankruptcy Code, 2016 [hereinafter referred to as "IB
Code"] read with Rule 6 of the Insolvency and Bankruptcy (Application to
Adjudicating Authority) Rules, 2016 ["IB Rules" for short] to trigger 'Corporate
Insolvency Resolution Process'.
II. The facts in brief, that are necessary for disposal of this Application, are as follows;
II.1 Respondent is a Company registered under the provisions of the Companies Act, 1956.
The Registered Office of the Respondent Company is situated in Chhatral, Mehsana
Highway, Rajpur, Taluka-Kadi, District-Mehsana Gujarat State.
II.2 Respondent Company placed an oral order with Applicant for supply of Lignite Coal.
Accordingly, Applicant supplied Lignite Coal under different debit notes since several
years. Applicant is maintaining a running account towards the cost of the supplies made
and the amounts credited by the Respondent Company. In the said running account, a sum
of Rs. 42,42,466.49 ps. as on 31 st September, 2018 was due from the Respondent towards
Principal amount and an amount of Rs. 7,00,486/- towards interest at the rate of 18% per
annum till 30th September, 2018 due and payable by the Respondent Company. Applicant
filed Ledger Account of the Respondent as 'Annexure A'. According to the Applicant,
Respondent made use of the goods supplied by the Applicant without any complaint.
Respondent failed to make payment for the goods supplied despite several oral requests.
On the other hand, Respondent issued 11 cheques for payment of the outstanding amount,
but all the relevant cheques given by the Respondent were dishonoured on 18.10 .2018
and for such dishonour of cheque criminal complaints have been filed against the
Respondent Company under Section 138 of the Negotiable Instruments Act which are
registered as Criminal Case Nos. 51/2018. 52/2018, 53/2018 and 58/2018. Applicant
issued a Notice dated 25 th October, 2019 Annexure 'B' to the Application demanding
payment of outstanding amount. Applicant got issued a legal notice dated 8 th December,
2019 to the Respondent calling upon it to make payment of the outstanding amounts
77
within 21 days vide Annexure 'C'. Respondent gave Reply Notice dated 3rd January, 2019
vide Annexure 'D'.
II.3 Applicant issued Demand Notice dated 26.4.2019 under Section 8(1) of the IB Code vide
Annexure "I". Respondent did not give any reply to the Demand Notice.
III. Applicant filed Debit Notes dated 15.4.2017 to 31.3.2018.
IV. Applicant also filed Interest Calculation Sheet. Applicant also filed account from the
Banks maintaining the account of the Operational Creditor confirming that there is no
payment of relevant unpaid operational debt by the Operational Debtor. Applicant
named the 'Insolvency Resolution Professional' Shri Nimish Shah. Applicant also filed
the Written Communication by the proposed Interim Resolution Professional as set
out in Form No. 2 of the IB Rules. Applicant filed copy of the Certificate from the
financial institution maintaining the account of the Operational Creditor along with an
Additional Affidavit.
V. Applicant filed proof of despatch of copy of Application on the Respondent. The

acknowledgment of the Respondent is there on the letter dated 10th July, 2019. Hence
it was delivered by hand.
VI. This Application was listed before this Adjudicating Authority for the first time on
09.08.2019. On that date, this Authority, having noticed that Certificate issued by the
financial institution in compliance with Section 9(c) of the IB Code had not been filed,
directed the Applicant to rectify the above said defect within one week and listed the
matter on 17.08.2019. Applicant filed Affidavit stating that it complied with Section
9(c) of the Code. Applicant was again directed to file copy of Reply Notice dated
17.11.2019 issued by the Respondent. Accordingly, Applicant filed copy of Reply
Notice dated 17.11.2019 issued by the Respondent to the notices dated 25.10.2016 got
issued by the Applicant.
78
VII. This Adjudicating Authority directed the Applicant to issue Notice of date of hearing
and accordingly and the same was issued to the Respondent and Applicant filed proof
of service. Respondent appeared through learned Counsel and filed Objections and
Further Objections. In the First Objections filed, it is stated that in response to the
Demand Notice by way of a communication dated 12.5.2018 Respondent requested
the Applicant to have a reconciliation. In the letter dated 12.5.2018 Respondent
informed that the management of the Respondent was changed some wherein May
2016 and the claims that have been raised in the Demand Notice dated 26.4.2018 are
prior to the taking over of the Company by the present management. It is further stated
that the new management of the Company at the time of taking over paid 50% of the
debts to all the Creditors. At that time, Applicant did not present and did not make any
claim. In the Further Objections, it is stated that in reply to the statutory notice dated
08.12.2018 under Sections 433 and 434 of the Companies Act issued by the Applicant,
Respondent issued a Reply dated 03.01.2018. In the said Reply dated 03.01.2018,
Respondent mentioned about the dispute which is existing between the directors of
company but not about existence of debt. In the Reply to the statutory notice issued
under Section 138 of the Negotiable Instruments Act Respondent has raised a dispute
with regard to the authority of the person that signed the cheques, but not about debt.
Another objection raised is that there is a dispute with regard to the amount claimed
by the Applicant and there is no clarity as regards the date of cause of action.
According to the applicant, the Applicant is entitled to claim interest only 6 months
after the date of Invoice for 6 months' time was given for making payment but
Applicant claimed interest from the date of Invoice.
VIII. Following are the points that need determination in this case;(i)
i. Whether any dispute has been raised by the Respondent/Corporate Debtor within
the meaning of subsection (6) of Section 5 or sub-section (2) of Section 8 of the
IB Code, and if, there is any such dispute, whether it is a bona fide dispute on
substantial grounds;
ii. Whether there is sufficient compliance of Section 9(c) of the IB Code
79
IX. In relation to Point No. (i), admittedly, Hero Corp./Applicant issued four Notices to
Durolam Limited, Ram Rajkumar Agrawal, Manoj M. Shah, Gaurangbhai Gopaldas
Shah of Ahmedabad under Section 138 of the N.I. Act in relation to dishonour of
cheques issued by one Shri Ramkumar Agrawal on behalf of Durolam Limited.
Admittedly, the name of Durolam Limited was changed as 'Rao Scans (P) Limited'
(Respondent) with effect from 16.6.2016.
X. Admittedly, in reply to the statutory notice dated 25.10.2018 issued by the Applicant
under Section 138 of the NI Act on 17.11.2018 on behalf of Durolam Limited and
others, it is clearly stated that Ramkumar Agrawal who signed the impugned cheques
is not a Director from 1st May, 2018 and the same was informed to the Applicant by
E-Mail dated 10.08.2018. The main dispute raised in the Reply Notice dated
17.11.2018 is that the cheques were not issued by the Authorised Signatory of
Durolam Limited and they were issued by one Ramkumar Agrawal who reported to
the Company that the cheques were lost. In the said Reply Notice it is also alleged that
the Applicant Company in collusion with Ramkumar Agrawal created false
documents i.e., cheques and committed off ences under Sections 406, 420, 465, 467
and 471 IPC.
XI. Admittedly, on 08.12.2018, Applicant issued a statutory notice under Section 433 of
the Companies Act and it was replied by Rao Scans (P) Limited, previously known as
Durolam Limited. In that notice, it is clearly mentioned that there was an
understanding between the Respondent and the Applicant and his father, that 50 per
cent to be paid first, and remaining amount should be in 20 equal monthly instalments.
It is also stated that Respondent paid Rs. 14,00,000 in cash on 22.6.2018. In the said
notice it is clearly mentioned that there was a dispute with the earlier Director Shri
Ram kumarji and due to those disputes there was an understanding to pay the amount
in 20 equal instalments. In that notice there was a reference to the Reply Notice dated
16.11.2018 for the statutory notice issued under Section 138 of the NI Act. In the reply
to the Demand Notice issued, a suggestion for reconciliation was made by the
Respondent.
80
XII. The Hon'ble National Company Law Appellate Tribunal, in Kirusa Software (P.) Ltd.
v. Mobilox Innovations (P.) Ltd. [2017] 82 taxmann.com 191/142 SCL 310, held in
Paragraph No. 31 as follows;
"31. The dispute under I&B Code, 2016 must relate to specified nature in clause (a), (b) or (c),
i.e., existence of amount of debt or quality of goods or service or breach of representation or
warranty. However, it is capable of being discerned not only from in a suit or arbitration from
any document related to it. For example, the 'operational creditor' has issued notice under Code
of Civil Procedure Code, 1908 prior to initiation of the suit against the operational creditor which
is disputed by 'corporate debtor. Similarly notice under Section 59 of the Sales and Goods Act if
issued by one of the parties, a labourer/employee who may claim to be operation creditor for the
purpose of Section 9 of I&B Code, 2016 may have raised the dispute with the State Gove rnment
concerning the subject matter i.e., existence of amount of debit and pending consideration before
the competent Government. Similarly, a dispute may be pending in a Labour Court about
existence of amount of debt. A party can move before a High Court under writ jurisdictions
against Government, corporate debtor (public sector 19 undertaking). There may be cases where
one of the parties has moved before the High Court under Section 433 of the Companies Act,
1956 for initiation of liquidation proceedings against the corporate debtor arid dispute is pending.
Similarly, with regard to quality of foods, if the 'corporate debtor' has raised a dispute, and
brought to the notice of the 'operational creditor' to take appropriate step, prior to receipt of notice
under subsection (1) of Section 8 of the 'I&B Code', one can say that a dispute is pending about
the debt. . . . . . "
In view of the above said finding of the Hon'ble Appellate Tribunal, the dispute raised in the
Reply Notice dated 17.11.2018 and the dispute raised in the Reply Notice dated 03.01.2019
amount to dispute. Now, it must be seen whether such a dispute is in connection with Clause (a),
(b) or (c) of sub-section (6) of Section 5 i.e., existence of amount of debt or quality of goods or
service or breach of representation or warranty. In the case on hand, the dispute does not pertain
to the quality of goods or service or breach of representation or warranty. Therefore, it must be
seen whether the dispute raised in reply notices dated 17.11.2018 and 03.01.2019 relate to the
existence of the amount of debt.
81
XIII. One of the bases for the claim made by the Applicant is the dishonour of the cheques
apart from the Debit Notes. In the Reply issued to the statutory notice issued under
Section 138 of the NI Act, the validity of the issuance of cheques by Ramkumar
Agrawal, who happened to be not a Director with effect from 1st May, 2018, has been
disputed. It may be said that the claim is not solely based on dishonour of cheques but
it is based on debit notes which has been admitted.
XIV. In fact, learned Counsel appearing for the Applicant contended that there is no dispute
about the existence of debt. He also pointed out that in the Reply Notices as well as in
the Reply to the Demand Notice, they have admitted the existence of debts and sought
for reconciliation. A part of the argument of the learned Counsel for the Applicant that
is in respect of agreeing for reconciliation is correct. But, as can be seen from the
Reply Notices dated 17.11.2018 and 03.01.2019 that were placed on record that due
to the dispute amongst the Directors there was an understanding among family
members of the Respondent Company and the Applicant family people to pay 50 per
cent of the amounts and rest of the amount in 20 equal monthly instalments. In view
of the said statement in the Reply Notices, it cannot be said that there is any dispute
regarding the existence of amount of debt. It only suggests that there is an
understanding between the family of the Applicant and the family of the Respondent
to pay 50% at once and pay rest of the amount in instalments. Such understanding
cannot be treated as a dispute regarding the existence of the amount of debt. More so,
it confirms the existence of debt. The dispute raised in reply notice dated 17.11.2018
is only in respect of the authority of the person has signed the cheques but not to the
existence of debt.
XV. In relation to Point No. (ii), this Adjudicating Authority directed the Applicant to
comply with Section 9(c). The Applicant filed Additional Affidavit along with
Certificate of the Banker. In the Affidavit, it is stated by the Deponent that he is
enclosing a copy of the Certificate from the Financial Institution maintaining the
account of the Operational Creditor confirming that there is no payment of unpaid
operational debt by Corporate Debtor. The Certificate reads as to what are the cheques
received from Durolam Limited for clearing. The Applicant party also filed Statement
82
of Account from the Bank and therefore there is sufficient compliance of Section 9(c)
of the IB Code.
XVI. The Application is complete in all respects. There is no dispute raised by the
Respondent regarding the existence of the amount of debt, or quality of goods
supplied.
XVII. In view of the above said findings, the Application deserves admission and
accordingly the Application is admitted under subsection (5) of Section 9 of the Code.
This Adjudicating Authority hereby appoint Shri Naimish Shah, as Interim
'Insolvency Resolution Professional' having office at 605-606607, Silver Oaks, Near
Mahalaxmi Char Rasta, Paldi, Ahmedabad-380007 and having Registration No.
IBBI/IPA001/IP-POO 154/2017-18/10323 under Section 13(1)(c) of the Code.
XVIII. The Interim Insolvency Resolution Professional is hereby directed to cause public
announcement of the initiation of 'Corporate Insolvency Resolution Process' and call
for submission of claims under Section 13(l)(b) read with Section 15 of the Code and
Regulation 6 of Insolvency and Bankruptcy Board of India (Insolvency Resolution
Process for Corporate Persons) Regulations, 2016.
XIX. This Adjudicating Authority hereby order moratorium under Section 13(1)(a) of the
IB Code prohibiting the following as referred to in Section 14 of the Code;
a) the institution of suits or continuation of pending suits or proceedings against the

corporate debtor including execution of any judgment, decree, or order in any court of
law, tribunal, arbitration panel or other authority;
b) transferring, encumbering, alienating or disposing of by the corporate debtor any of its

assets or any legal right or beneficial interest therein;
83
c) any action to foreclose, recover or enforce any security interest created by the corporate
debtor in respect of its property including any action under the Securitization and
Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54
of 2002);
d) the recovery of any property by an owner or lessor where such property is occupied by or
in the possession of the corporate debtor.
e) However, the order of moratorium shall not apply in respect of supply of essential goods
or services to Corporate Debtor.
f) The order of moratorium is not applicable to the transactions that may be notified by the
Central Government in consultation with any financial sector regulator.
g) The order of moratorium comes into force from the date of the order till the completion
of Corporate Insolvency Resolution Process subject to the Proviso under sub -section (4)
of Section 14.
This Application is disposed of accordingly. No order as to cost.
84

IL - 511 Roll No. 33 (Smit Pandya)

Uploaded by

Copyright:

Available Formats

IL - 511 Roll No. 33 (Smit Pandya)

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

IL - 511 Roll No. 33 (Smit Pandya)

Uploaded by

Copyright:

Available Formats

Integrated Five-Year B.A L.L.

Academic Year: 2022-23

Name: Smit Pandya

IL -511 Advance Drafting

Sr. No. Title of Draft Pg. No.

Petition For Restitution of Conjugal

2) Petition For Judicial Separation 14

Petition For Divorce by Mutual Consent U/S 13B

Agreement Of Amalgamation of Ab Co. Ltd with

Petition Under Section 25 of the

Unit 3 & 4.1

Sr. No. Title of Draft Pg. No.

Application Under Right to Information Act,

Petition For the Grant of Succession Certificate by

3) Deed Of Assignment of Patent 40

5) Trademark License Agreement 46

Agreement Between Author And

Unit 4.2 Judgment Writing

Sr. No. Title of Draft Pg. No.

1) Hero Corp Ltd. v/s. RAO Scans (P.) Ltd. 73

_____________ _____________ _______________

BEFORE THE HON’BLE FAMILY COURT AT AHMEDABAD HMP NO.

1. Aanan Pravin Kanabar,

2. Mira Aanan Kanabar,

APPLICATION UNDER SECTION 9 OF THE HINDU MARRIAGE ACT,

The petitioner above named most respectfully begs to submit as under:

25. The petitioner therefore prays as under.

29. A separate affidavit in support of this application is filed.

In the District Court of Ahmedabad, Gujarat

Smt. Smriti Sharma

The statements in paragraphs 1 to 9 are true to my knowledge and belief.

IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT,

Shri Ravi Sharma

Smt. Ritu Sharma

PETITION FOR DIVORCE BY MUTUAL CONSENT UNDER SECTION

b) Any other orders in the interest of justice be kindly passed.

IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, PUNE

Shri Dr. Ravi Sharma

A PETITION FOR DIVORCE U/S 13 OF THE HINDU MARRIAGE ACT

19. That the petitioner, therefore, prays that –

c) Any other orders in the interest of justice are kindly to be passed.

Place: Pune ________________

Signed on ___day of ___ 2020.

A. Rs. 10 lakhs in cash; and the balance

B. Rs. 50 lakhs by issue of shares to the vendor

Signed, sealed, and delivered

Signed, sealed and delivered

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,

Shri. Ravi Sharma,

Aged 33 years Residence of A 112/2

Smt. Ritu Sharma

Signed on ___ day of ____ in 2020.

BEFORE THE HON'BLE HIGH COURT AT GUJARAT, AT

IN THE MATTER OF:

LAUREN Co. Ltd.,

The petition of LAUREN Co., Ltd. the petitioner herein Sheweth:

2. The Registered Office of the company is situated at Ahmedabad.

11. The petitioner therefore prays: -

c. That the proposed minute be approved; and

Date: __/03/2020 _______________

_______ _ _________

Signed on _day of _ 2020.

Signed on _ day of __ in 2020.

Date: /03/2020 _____________