CENTRAL UNIVERSITY OF SOUTH BIHAR

SCHOOL OF LAW AND GOVERNANCE

UNDER THE GUIDENCE OF Dr. Pallavi Singh

Assignment OF Drafting, Pleading And Conveyance

SUBMITTED BY:-
NAME - ABHIJEET KUMAR

COURSE - B.A.LL.B (HONS.)

SEMESTER - IX SEMESTER

ENROLLMENT NO - CUSB1813125002

1
 INDEX

1. Plaint……………………………………………………………………………..3
2. Written Statement.......................................................... ……………..……..9
3. Application for setting aside ex parte Decree.................. ……………….……14
4. Application for Interim Injunction...............................................................19
5. Criminal Complaint U/Sec 138....................................................................21
6. FIR……………………………………………………………………………….23
7. Anticipatory Bail Application......................................................................25
8. Maintenance Petition U/s 125 Cr.PC............................................................30
9. Sale Deed..................................................................................................35
10. Lease Deed……………………………………………………………………..38
11. Partnership Deed........................................................................................44
12. Dissolution of Partnership Deed...................................................................47
13. Gift Deed..................................................................................................49
14. Mortgage deed……………………………………………………….…………..52
15. Writ Petition of Habeas Corpus....................................................................56

2
 PLAINT

IN THE COURT OF DISTRICT JUDGE (DISTRICT __________) PATNA SUIT NO

……………. OF 2020

(PLAINT FILED UNDER SECTION 26 READ WITH UNDER ORDER XXXVII OF THE
CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

Mr. A.

S/o B.

Aged 50 Years

Occ: Farmer.

R/o. Patna ………………………………………………………………Plaintiff

VERSUS

Mr. R.

S/o K.

Aged 65 Years,

Occ: Businessman

R/o. Patna ……………………………………………………………….Defendant

BRIEF FACTS OF THE CASE:

1. It is submitted that the Defendant having an acquaintance with the plaintiff approached him
and requested to advance a hand loan of Rs.25,000/- (Rupees twenty five thousand Rupees only)
to meet his son’s education needs. The Defendant also proposed to execute a Promissory Note
for the said amount and with a simple interest @ 18% p.a. Due to that acquaintance, the Plaintiff
agreed for the same and thus, the defendant has borrowed a sum of Rs.25,000/- as hand loan on
1st January, 2017 from the Plaintiff at the Plaintiff’s home situated at Patna and executed a
Promissory Note for the said amount in favour of the Plaintiff and promised to repay the said
hand loan within a period of 2 years from the date of execution of the promissory note. It is

3
respectfully submitted that in spite of repeated oral demands made by the Plaintiff, the Defendant
did not bother to repay the said hand Loan amount.

2. The Plaintiff having vexed with the conduct of the Defendant avoiding the repayment, got
issued a legal notice to the Defendant on 1st January, 2019 through his Counsel by way of Regd
Post with Ack. Due as well as UCP, to his Residence. The Defendant received the same but did
not reply.

3. The Plaintiff submits that the Defendant having borrowed the amount of Rs.25,000/- (Rupees
Twenty Five Thousand only) as hand loan and having executed the promissory not is bound to
repay the same to the Plaintiff who is entitled for interest on the suit amount from the date of
demand i.e. 1st January, 2019 till realisation @ 18% p.a. As the Defendant is avoiding payment,
the Plaintiff has left with no option except to approach this Hon’ble Court by way of this suit. In
view of the above said facts, the Plaintiff is entitled to sue the defendant.

4. The Plaintiff submits that The Defendant is liable to pay the following outstanding amount: (i)
Promissory Note Amount : 25,000.00 (ii) Interest on 25,000 @ 18% p.a. From 01.01.2017 as on
date filing of the suit : 9,000.00 --------------- 34,000.00 ---------------- Therefore, the Defendant
has to pay a total sum of Rs.34,000/- (Rupees Thirty Four Thousands Only) to the Plaintiff as on
the date of filing of the present suit. Hence, this suit.

CAUSE OF ACTION:

5. The cause of action for the suit arose on 01.01.2017 when the Defendant borrowed the amount
and executed pro-note and on 01.01.2017 when the Plaintiff got issued a legal notice to
Defendant calling upon defendant to repay the amount and still subsists.

VALUATION:

6. The relief of recovery of money under Schedule I of Court Fee (Bihar Amendment ) Act 2007
& CF of [Rs. 4,500/- (Rupees four thousand five hundred) + 10% of amount or value exceeding
Rs. 30,000/- (Rupees thirty thousand)] i.e. Rs 4900 is paid thereon and the same is sufficient.

JURISDICTION:

4
7. The Plaintiff is residing at Patna and the Defendant borrowed the said loan amount from the
Plaintiff at the residence of the Plaintiff and hence this Hon’ble Court is having territorial &
pecuniary Jurisdictions to entertain the present suit.

DECLARATION :

8. The Plaintiff has not filed any suit against the Defendant and no suit is pending between the
parties in respect of the relief being claimed in this suit.

LIMITATION :

9. The Defendant borrowed the said hand loan amount on 01.01.2017 and the legal notice issued
to the Defendant on 01.01.2019 and therefore the present suit is within the limitation.

PRAYER :

10. It is therefore, prayed that the honorable court may be pleaded to pass a judgment and decree
against the defendant and in favor of the plaintiff

11.Directing the plaint defendant to pay the plaintiff the sum of Rs.39,000 on with further
interest at the contact rate till the date of realization.

12. Awarding the plaintiff the cost of this suit and

13. Passing such further or other order as the honorable court may deem Fit and proper in the
circumstance of the case.

x xxx xxxx

Place Plaintiff

Date Advocate for the plaintiff

5
VERIFICATION: Verified at Patna on this 1st day of January 2020 that the contents of paras 1
to 4 of the plaint are true to my knowledge derived from the records of the Plaintiff maintained
in the ordinary course of its business, those of paras 5 to 9 are true on information received and
believed to be true and last para is the humble prayer to this Hon‟ble Court.

Plaintiff

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 DRAFT AFFIDAVIT

IN THE COURT OF DISTRICT JUDGE (DISTRICT __________) PATNA SUIT NO

……………. OF 2020

(PLAINT FILED UNDER SECTION 26 READ WITH UNDER ORDER XXXVII OF THE
CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

Mr. A.

S/o B.

Aged 50 Years

Occ: Farmer.

R/o. Patna ………………………………………………………………Plaintiff

VERSUS

Mr. R.

S/o K.

Aged 65 Years,

Occ: Businessman

R/o. Patna ……………………………………………………………….Defendant

AFFIDAVIT OF Sh A. R. Antuley , S/O B. R. Antuley , AGED ABOUT 40 YEARS, R/O Patna.

I, MR.A the deponent hereinabove do hereby solemnly affirm and state hereunder:

1. I say that I am aware of the facts and circumstances of the present and I am duly authorized
and competent to swear and file the present suit and affidavit.

2. I say that the accompanying Suit has been drafted and filed by my counsel upon my
instructions and contents of the same are true and correct.

3. I say that the documents filed along with plaint are true copies of originals.

DEPONENT

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 VERIFICATION:

I, MR.A do hereby verify on this 1 1st day of January, 2020 at Delhi that the contents of the
above said affidavit are true and correct to my knowledge and information and nothing material
has been concealed therefrom.

DEPONENT

8
 WRITTEN STATEMENT

IN THE COURT OF SHRI ……………… CIVIL JUDGE (DISTRICT ROHINI ), DELHI

SUIT NO. ……………………OF 2020

IN THE MATTER OF:

Mr. Wilson
S/o Hank Smith

Aged 40 Years

Occ: Actor

R/o. Delhi ………………………………………………………………Plaintiff

VERSUS
Mr. Xavier
S/o Armada,

Aged 41Years,

Occ: musician

R/o. Delhi ……………………………………………………………….Defendant

WRITTEN STATEMENT FILED BY THE DEFENDANT UNDER ORDER VIII, RL.1, C.P.C.

1) It is submitted that the defendant has gone through the averments made in the plaint and
affidavit filed in support of the plaint. The averments, which are not specifically admitted, are
denied. The Plaintiff is put to strict proof of the same. Most of the averments are not correct and
false and the suit is not maintainable.
2) In reply to Para (1) of the plaint, it is submitted that I have no acquaintance with the plaintiff
and did not approach at any point of time for hand loan to meet my son’s education and executed
promissory note in favour of the plaintiff. I have sufficient means to support my family. Hence,
there is no question of taking hand loan from the plaintiff and execution of promissory note in
favour of the plaintiff.
3) In reply to para 2 of the plaint, it is submitted that the notice issued by the plaintiff was
received by me on………….. The contents of the notice are vague and false. Since I did not

9
approach the plaintiff for any hand loan and executed promissory note, I did not choose to reply
the notice. Hence, the allegations in the notice are denied.
4) In reply to para 3 of the plaint, it is submitted that I did not borrow any amount from the
plaintiff and executed promissory note in favour of him. The allegation of the plaintiff is false
and I need not bound to pay any amount to the plaintiff. It is not correct to say that I have
borrowed a sum of Rs.25,000/- from the plaintiff and executed a promissory note in favour of
him.

5) In reply to Para 4 of the plaint, it is submitted that since there is no amount is borrowed from
the plaintiff and executed pro-note, the figures of outstanding stated in Para therein is false and
fabricated one.

6) It is submitted that I have never approached the plaintiff for any amount said to have been
borrowed by me and executed pro-note. Since we reside in the same street and due to rivalry
between our two families regarding some disputes relating to colony problems, the plaintiff has
fabricated the pro-note and filed the present suit alleging that I have borrowed a sum of
Rs.25,000/- from plaintiff and executed a pro-note. The plaintiff is trying to mislead this Hon’ble
Court and made false allegations in the plaint.

7) The other allegations of the plaint which are not specifically admitted herein are denied. The
plaintiff is put to strict proof of the same.

Hence, it is prayed that this Hon’ble Court may be pleased to dismiss the suit with costs.

Counsel for the Defendant Defendant

10
 Verification
I, Mr. , S/o ArmadA aged about 41 years, Occ: Singer, do hereby declare that
the facts stated in Para 1 to 7 are true and correct to the best of my knowledge, information and
belief and I believe the same to be true and correct. Hence, verified on this the 4th day of June,
2020 at Delhi.
Defendant

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 AFFIDAVIT

IN THE COURT OF SHRI ……………… CIVIL JUDGE (DISTRICT ROHINI ), DELHI

SUIT NO. ……………………OF 2020

IN THE MATTER OF:

Mr. Wilson

S/o Hank smith

Aged 40 Years

Occ: Actor

R/o. Delhi ………………………………………………………………Plaintiff

VERSUS

Mr. Xavier

S/o Armada

Aged 41Years,

Occ: Singer

R/o. Delhi ……………………………………………………………….Defendant

WRITTEN STATEMENT FILED BY THE DEFENDANT UNDER ORDER VIII, RL.1, C.P.C.

AFFIDAVIT OF Mr. Will Smith S/o Tom Smith, AGED ABOUT 40 YEARS, R/O Patna.

I, Wilson the deponent hereinabove do hereby solemnly affirm and state hereunder:

1. I say that I am aware of the facts and circumstances of the present and I am duly authorized
and competent to swear and file the present suit and affidavit.

2. I say that the accompanying Suit has been drafted and filed by my counsel upon my
instructions and contents of the same are true and correct.

3. I say that the documents filed along with plaint are true copies of originals.

DEPONENT

12
 VERIFICATION:

st
I, Wilson do hereby verify on this 1 day of January, 2020 at Delhi that the contents of the
above said affidavit are true and correct to my knowledge and information and nothing material
has been concealed therefrom.

DEPONENT

13
 FOR SETTING ASIDE EX-PARTE DECREE

IN THE COURT OF THE SENIOR CIVIL JUDGE AT HYDERABAD

Application No. 1 of 2020 In
Suit No. 02 of 2020

Mr. Popy
S/o Sam
Aged 30 years,
Occupation: Journalist
R/o. Hyderabad APPLICANT
Versus

Mr. Roshan Singh

S/o Saj Kumar
Aged 35 years
Occupation: Finance officer
R/o. Hyderabad OPPONENT

APPLICATION UNDER ORDER 9, RULE 13 OF CPC, 1908

The above-named applicant submits as under:
1. That the opponent had filed a civil suit No. 02 of 2020 for the recovery of Rs. 5,000 due
on a pro-note against the present applicant.
2. That the said was fixed for hearing on 2nd September, 2020 before his Hon’ble Court. The
applicant knew that the date was fixed for the hearing of the suit and the applicant went to
Station at 9.30 a.m. to catch the train. But all were detained for two and a half hours on account
of accidents at different places. The road traffic almost remained suspended for about two hours
due to heavy rains.
3. Naturally the applicant was late in coming to the Court in view of the accidents and
heavy rains. The said suit was taken up for hearing in the

14
absence of the applicant at 12.30 p.m on the aforesaid date and was decided in his absence with
an ex-parte decree against the applicant.
4. The applicant, thus, was prevented from appearing in the Court when the suit was called
on for hearing by a sufficient cause. The applicant has filed his affidavits in support of this
application.
5. The applicant therefore, respectfully, prays:
(a) That the ex-parte passed against the applicant (defendant) may kindly be set aside and the
original Suit No. 02 of 2020 may be restored on the file of the Hon’ble Court and may be heard
on merits.
(b) That pending the hearing and final disposal of this application the opponent may be
restrained be an order of the Court from executing the ex- parte decree against the applicant
(defendant).

Dated Applicant Through Advocate

Place

15
VERIFICATION
I, Mr. Popy, S/o Sam, aged about 28 years, Occupation: Employee R/o. Hyderabad do
hereby declare that the contents of Para 1 to 4 are true and correct to the best of my knowledge,
information and belief and I believe the same to be true and correct. Hence, verified on this the
5th day of September, 2020 at Hyderabad.

Amit Kumar
Applicant

16
 IN THE COURT OF THE SENIOR CIVIL JUDGE AT HYDERABAD
Application No. 01 of 2020 In
Suit No. 02 of 2020

Mr. Popy
S/o Sam
Aged 30 years,
Occupation: Employee
R/o. Hyderabad APPLICANT
Versus

Mr. Roshan Singh

S/o Saj kumar
Aged 35 years
Occupation: Finance officer
R/o. Hyderabad OPPONENT

AFFIDAVIT OF Mr. Popatlal S/o Shyamlal AGED ABOUT 30 YEARS, R/o Hyderabad
I, Popatlal the deponent hereinabove do hereby solemnly affirm and state hereunder:
1. I say that I am aware of the facts and circumstances of the present case.
2. I say that the accompanying application has been drafted and filed by my counsel upon
my instructions and contents of the same are true and correct.
3. That the statements made in all the paragraphs of the accompanying application are true
and correct to the best of my knowledge.

17
 VERIFICATION
I, Abhijeet Kumar do hereby verify that the contents of the above affidavit are true to the best of my
knowledge, ability and belief. Nothing contained therein is false and nothing has been concealed.

Place: Hyderabad Abhijeet Kumar

Date: 05/09/2020 DEPONENT

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 APPLICATION FOR TEMPORARY INJUNCTION

IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT ________), DELHI

IA NO. ___________OF 20…
IN SUIT NO. ___________OF 20...
IN THE MATTER OF:
Mr. A, S/o ____________ R/o ………………………………. PLAINTIFF/APPLICANT
VERSUS
Mr. B S/o _____________________,
R/o …………………………………………………….. DEFENDANTS/RESPONDENTS

APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX, RULE 1

& 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908
MOST RESPECTFULLY SHOWETH:
1. That the plaintiff has filed a suit for permanent injunction which is pending for disposal before
this Hon‟ble Court.
2. That the plaintiff is the permanent resident of the above mentioned address in property bearing no.
________ , New Delhi for the last many year and is living with wife and minor children.

3. That the plaintiff/applicant has got a prima-facie case in his favour and there is likelihood of
success in the present case.
4. That in case the defendants are not restrained by means of ad-interim injunction for
dispossessing the plaintiff from the above said premises no. _________ Uttam Nagar, New Delhi
and from interfering in physical peaceful possession of the above said premises, the plaintiff
shall suffer irrepairable loss and injury and the suit shall become anfractuous and would lead to
multiplicity of the cases.
5. That the balance of convenience lies in favour of the plaintiff and against the defendants.

PRAYER: It is, therefore most respectfully prayed that this Hon‟ble Court may be pleased to :-
a) Pass ex-parte ad interim injunction restraining the defendants, their associates, servants,
agents and their representatives from interfering into the peaceful physical possession of

19
 the plaintiff in the above said premises and from dispossessing the applicant/plaintiff
from the same.
b) pass such other and further order(s) as may be deemed fit and proper on the facts and in
the circumstances of this case.

Place

Date

Plaintiff/Applicant
through Advocate

[NOTE : This Application has to be supported by an affidavit].

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 A COMPLAINT UNDER SECTION 138 ( THE NEGOTIABLE INSTUMENT ACT, 1881)
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE (DISTRICT __________),
DELHI
CRIMINAL COMPLAINT NO. ________ OF 2017
X ________________ S/o _____________ ……………………………… COMPLAINANT
VERSUS
Y _________________ S/o ________________ ……………………………….. ACCUSED
JURISDICTION : P. S. _____________
LIST OF WITNESSES
1. Complainant
2. Manager/Officers/Clerk of the Bankers of the Accused
3. Manager/Officers/Clerk of the Bankers of the Complainant.

COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

THE COMPLAINANT ABOVE NAMED MOST RESPECTFULLY SHOWETH :-
1. That the complainant is the owner and landlord of flat bearing no. _______,New Delhi.
2. That the accused is a tenant under the Complainant in respect of flat bearing No. _______
New Delhi, comprising of two bed-rooms, drawing-cum-dining room, study room, kitchen-room,
two bathrooms-cum-toilets and a terrace at a monthly rent of Rs. 2500/- for residential purposes
w.e.f. __________. True copy of the Lease-deed dated __________ is annexed hereto as
Annexure – „A‟.
3. That on _______ the accused handed over cheque bearing Nos. ________ dated ________for
Rs. _____ drawn on _________ Bank, New Delhi to the complainant towards rent of the said
premises for the months of September, October and November,2015 the said original cheque is
annexed hereto as Annexure – B.
4. That the Complainant deposited the said cheque in his account with the S____Bank of India,
New Delhi on ______- but the same was dishonoured on presentation with the remarks “REFER
TO DRAWER”. The original returning memos dated ________ in respect of the said cheque is
annexed hereto as Annexure – „C‟.

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5. That vide letter dated 17th December, 2015, the Complainant called upon the accused to make
the payment of the amount covered by the dishonoured cheque. The said letter was sent to the
accused by Regd. A.D. as well as U.P.C. However, the accused failed to make the payment of
the Amount in question to the Complainant.
6.That the cheque in question were returned unpaid because the amount standing to the credit in
the Accused‟s account was insufficient to honour the cheque in question and as such the
Accused is liable to be prosecuted an punished under Section 138 of the Negotiable Instruments
Act, 1881 as amended upto-date.
7. That the Complainant has complied with all the requirements of Section 138 of the Negotiable
Instruments Act, 1881 as amended upto-date namely the cheque in question were presented on
______ i.e. within the period of its validity, the demand for payment was made to the Accused
on 17th December 2015 i.e. within fifteen days of the date or receipt of information regarding the
dishonouring of the cheque. True copy of the said demand dated 17th December 2015 is annexed
hereto as Annexure – „D‟. The postal receipt and the U.P.C. thereof are annexed hereto as
Annexure-E collectively. The accused failed to make the payment within fifteen days of the said
notice and as such the Complainant has approached this Hon‟ble court within one month of the
date of he cause of action. The Compain is therefore within time.

8. That the Hon‟ble Court has jurisdiction to entertain and try the present complaint because the
offence is committed within the jurisdiction of this Hon‟ble Court. The dishonoured cheque was
drawn on ______Bank, Delhi the same was deposited by the Complainant in S _____ Bank, New
Delhi and the intimation regarding the dishonour of the said cheque was also given by the said
banks, and as such the offence has been committed within the jurisdiction of this Hon‟ble Court.

It is, therefore most respectfully prayed that his Hon‟ble Court may be pleased to summon the
accused under Section 138 of the Negotiable Instruments Act, 1881 as amended upto-date and
the Accused be tried and punished in accordance with law for the aforesaid offence committed
by him.

New Delhi COMPLAINANT

Date: THROUGH

ADVOCATE

22
 MODEL FIR

(First Information Report)

(Under Section 156 & 157 Cr.P.C.)

1. Gaya District, Panchanpur Police, 2020, FIR No. 102, Date: 01-10-2020

2. (i) Act: Robbery Sections: 390

(ii) Other Acts & Sections: Voluntarily causing hurt, Section 321

3. (a) Occurrence of Offence : September, 30st, Wednesday, Night between 10.30 to 11.00 pm

(b) Information received from Mr. A at the Police Station about 08:30 am, 1st October 2020.

(c) General Diary Reference Entry No(s): 42, Time: 08:30 am, 1st October 2020

4. Type of Information: Oral

5. (a) Place of Occurrence : Near Panchanpur Market, Gaya.

(b) Address: Panchanpur

6. Complainant/ Informant

a) Name: Mr. A
b) Father’s Name: Mr. B
c) Date/ Year of Birth: 01-01-1998
d) Nationality: Indian
e) Passport No ………. Date of issue………… Place of issue ……….
f) Occupation: Student
g) Address: Boys Hostel, CUSB.

7. Details of known/ suspected/ unknown/ accused with full particulars. (Attach separate sheet if
necessary)

Unknown

8. Physical features deformities and other details of the suspect: 6 Feet Height, Dark Skin, Mark
on right hand.

23
9. Contents of the Complaint/ Statement of the complainant or informant :

When I was on my way to hostel it was dark and most of shops were shut at that time. In the
mean time the accused came with a motorcycle and pointed a gun and asked or my wallet and
other valuable. When I refused he slapped me and due to fear of gun I handed over my wallet,
backpack and mobile to the accused. My wallet had approx Rs 5000, and my original passport,
PAN card , and passbook was in the bag.

10. Action taken. Since the above report reveals commission of offence (s) u/S 390 & 321as
mentioned at Item No. 2

Registered the case and took up the investigation/ directed ……………… Rank ………………
to take up the investigation FIR read over to the Complainant/ Informant, admitted to be
correctly recorded and a copy given to the Complainant/ Informant free of cost.

Signature of the Officer-in-charge Police Station

XXXXX

Panchanpur Police Station

Gaya

24
 IN THE COURT SESSIONS JUDGE (DISTRICT __________), DELHI
TIS HAZARI COURTS DELHI
ANTICIPATORY BAIL APPLICATION NO _______ OF 2020
IN THE MATTER OF;-
X _______
S/o _______
R/o __________ ……………………………………………………………….. APPLICANT
VERSUS
STATE …. ……………………………………………………………………COMPLAINANT
FIR NO. _______ OF 2017 UNDER
SECTION:_____________________
POLICE STATION____________

APPLICATION FOR THE GRANT OF ANTICIPATORY BAIL UNDER SECTION 438

OF THE CODE OF CRIMINAL PROCEDURE, 1973

The Applicant above named most respectfully submits as under:-

1. That the Applicant is a young man aged 20 years residing at ______, Delhi. He is also a
Director of M/s. ABC Ltd. which is a very leading company engaged in the manufacture of
electrical appliances.

2. The Applicant is a very respectable person of his locality and is a peace loving citizen.

3. That the Applicant was on friendly terms with Miss Y major daughter of the Complainant.
However, the relationship of the Applicant with Miss Y was not liked by her family members so
much so that they had stopped Y from meeting the Applicant and had threatened her that in case
she meet the Applicant, they will implicate the Applicant in some false criminal case.

4. That Miss. Y had also written number of letters to the Applicant calling upon him to marry her
as she had feared that her family members may sabotage her relationship with the Applicant,
which shows that family members of Miss. Y were deadly against the Applicant and were

25
looking for some opportunity to falsely implicated him in some false criminal case in order to
pressurize him to severe his relationship with Y.

5. That on 5th January, 2020, the Applicant had gone to meet his friend, who is residing in the
neighborhood of Miss. Y. When the Applicant reached the house of his friend, he was suddenly
attacked by father, uncle and brother of Miss. Y as a result of which he fell down and sustained
abrasion/injuries. The Applicant‟s friend came to the rescue of the Applicant and with great
difficulty, the Applicant was saved from the clutches of Miss. Y’s family members by other
neighbors and passersby.
6. That the police has registered a false FIR against the Applicant. A bare on perusal of the said
FIR reveals that the brother of Miss. Y attacked the Applicant and not vice-versa. As a matter of
fact, the aggressor has manipulated with the police and has falsely implicated the Applicant. The
Applicant is in fact the victim at the hands of the Complainants who have conspired with the
police and got this case registered against them. The Photostat copies of the letters written by
Miss. Y to the Applicant are annexed herewith.

7. That the FIR registered against the Applicant is absolutely false and incorrect. The Applicant
is not at all involved in the alleged offence and has been falsely implicated by the police.

8. That the Applicant apprehends that he may be arrested in pursuance of the aforesaid false and
fictitious complaint.

9. That the police officials have visited the premises of the Applicant in his absence and there is
every likelihood of his being arrested in the instant case.

10. That the Applicant undertakes to join the investigation as and when directed to do so.

11. That the Applicant is a permanent resident of Delhi and there is no chance of his absconding
in case he is granted anticipatory bail.

12. That the Applicant has never been involved in any criminal case except the present one.

26
 PRAYER
It is, therefore most respectfully prayed that the Applicant be released on bail in the event of his
arrest and appropriate directions in this regard may please be sent to the concerned Investigating
officer/S.H.O. Any other order/orders which this Hon‟ble Court may be deem fit and proper on
the facts and circumstances of this case may also be.
APPLICANT THROUGH ADVOCATE

NEW DELHI

DATE:

27
 AFFIDAVIT
IN THE COURT SESSIONS JUDGE (DISTRICT __________), DELHI
TIS HAZARI COURTS DELHI
ANTICIPATORY BAIL APPLICATION NO _______ OF 2020
IN THE MATTER OF;-
X _______
S/o Y
R/o Patna……………………………………………………………….. APPLICANT
VERSUS
STATE …. ……………………………………………………………………COMPLAINANT
FIR NO. _______ OF 2017 UNDER
SECTION:_____________________
POLICE STATION____________

APPLICATION FOR THE GRANT OF ANTICIPATORY BAIL UNDER SECTION 438 OF THE CODE OF
CRIMINAL PROCEDURE, 1973

AFFIDAVIT OF Mr. X S/o Mr Y , AGED ABOUT 40 YEARS, R/O Patna.

I, Mr. X the deponent hereinabove do hereby solemnly affirm and state hereunder:

1. I say that I am aware of the facts and circumstances of the present and I am duly authorized
and competent to swear and file the present suit and affidavit.

2. I say that the accompanying Suit has been drafted and filed by my counsel upon my
instructions and contents of the same are true and correct.

3. I say that the documents filed along with plaint are true copies of originals.

DEPONENT

28
 VERIFICATION:

I, Mr. X do hereby verify on this 1st day of January, 2020 at Delhi that the contents of the above
said affidavit are true and correct to my knowledge and information and nothing material has
been concealed therefrom.

DEPONENT

29
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, DELHI.
CRIMINAL COMPLAINT NO. __________ OF 2017
IN THE MATTER OF :-
1. Smt. X
W/o Z.
R/o……….
2. Master R
S/o Z
R/o ……..
through his mother and natural guardian Smt X ………………………..COMPLAINANTS
VERSUS
Mr. Z ____
S/o ______
R/o _____ ………………………………………………………..RESPONDENT/ACCUSED

APPLICATION UNDER SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE,

1973
The Complainant above named most respectfully submits as under :-
1. That Complainant No. 1 is the legally wedded wife of the Respondent while Complainant No.
2 is the legitimate son of the Respondent. Both the Complainants are residing within the
jurisdiction of this Hon‟ble Court.

2. That Complainant No.1 was married to the Respondent according to the Hindu Rites and
ceremonies on 10 June, 2014 - at New Delhi and Complainant No. 2 was born out of their
wedlock on 7 December 2016. Complainant No. 2 is staying with Complainant No. 1 at present.

3. That Complainant No. 1 and Respondent stayed together after their marriage and for the last
five years proceeding his second marriage, they were staying at Delhi.

4. That sometime during the period June-July, 2017, the matrimonial life of Complainant No. 1
and the Respondent got disturbed on account of the illegitimate affair of the Respondent with a
girl named Mrs. A. Complainant No. 1 made best possible efforts to persuade the Respondent to
desist from indulging in an affair outside their wedlock. However, the same had no effect on the

30
Respondent. Rather, the behavior of the Respondent towards Complainant No. 1 became rude,
cruel and oppressive, and finally on March 10, 2020 , the Respondent compelled Complainant
No. 1 to leave the matrimonial home along with Complainant No. 2, since then, the
Complainants are staying with Complainant No. 1’s father.

5. That the Complainant No.1 has made repeated attempts to join the Respondent in the
matrimonial home. However, the Respondent has refused to take back the Complainants and has
married Mrs. A. though the same is not permissible under law. As such, the Respondent has
deserted the Complainants without any reasonable cause.
6. That the Respondent is liable to maintain the Complainants who have repeatedly requested the
Respondent to provide them the appropriate maintenance. However, the Respondent has not
only refused/neglected to maintain the Complainants, but has also refused to ever part
with/return the articles belonging to Complainant No. 1 towards the dowry and Stridhan which
are lying at the Respondent‟s house.
7. That the Respondent is a man of status and is working as a CMD in ABC Ltd.. He is getting
monthly emoluments of about Rs. 200,000 per month and as such has sufficient means to
maintain himself and the Complainants. He has no encumbrances or liabilities except that of
maintenance of the Complainants.
8. That Complainant No. 1 has no independent source of livelihood and as such is unable to
maintain herself. She is staying with her father at Delhi and as such both the Complainants are
dependent upon him.
9. That Complainant No. 2 is a minor and is also staying with Complainant No. 1. He is studying
in Delhi Public School, New Delhi, and his monthly expenditure including school fees, dresses
etc. etc. is more than Rs. 8,000 Apart form this, Complainant No. 1 has also kept a maidservant
to properly look after Complainant No. 2 and is paying her Rs. 12,000 per month which is
presently being borne by her father.
10. That the Complainants are residing at Delhi. This Hon‟ble Court therefore is competent to
entertain and try this petition.

31
 PRAYER
It is, therefore, most respectfully prayed that the orders for maintenance of the Complainants be
passed in favour of the Complainant and against the Respondent directing the Respondent to pay
the monthly allowance of Rs. 40,000 towards the maintenance of Complainant No. 1 and Rs
25,000 towards the maintenance of Complainant No. 2. The costs of these proceedings be also
awarded to the Petitioner.

DELHI
Date: COMPLAINANTS THOUGH ADVOCATE

LIST OF WITNESSES

1. Complainant
2. Mr. X (Her father)
3. Mr. Z (Respondent father)
4. Mrs. A

32
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, DELHI.
CRIMINAL COMPLAINT NO. __________ OF 2017
IN THE MATTER OF :-
1. Smt. X
W/o Z.
R/o……….
2. Master R
S/o Z
R/o ……..
through his mother and natural guardian Smt X ………………………..COMPLAINANTS
VERSUS
Mr. Z ____
S/o ______
R/o _____ ………………………………………………………..RESPONDENT/ACCUSED

APPLICATION UNDER SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE,

1973

AFFIDAVIT OF Sh. X W/o Z AGED ABOUT 27 YEARS, R/o Patna

I, Sh. X the deponent hereinabove do hereby solemnly affirm and state hereunder:

1. I say that I am aware of the facts and circumstances of the present case.

2. I say that the accompanying petition has been drafted and filed by my counsel
upon my instructions and contents of the same are true and correct.

3. That the statements made in all the paragraphs of the accompanying petition are
true and correct to the best of my knowledge.

DEPONENT

33
 VERIFICATION:

I, Smt. X do hereby verify on this 1st day of January, 2020 at Delhi that the contents of the above
said affidavit are true and correct to my knowledge and information and nothing material has
been concealed therefrom.

DEPONENT

34
 SALE DEED

THIS AGREEMENT is made at Gaya on this 20th day of July , 2020

BETWEEN

Mr. Bin Laden aged 35 years s/o Mr. Xi Jing Ping R/o Motihari (hereinafter referred to as the
VENDOR which expression shall, unless repugnant to the context or meaning thereof shall mean
and include his heirs, executors, administrators and assigns of the FIRST PART) AND Mr.
Trump aged 40 years s/o Michael R/o Gaya (hereinafter referred to as the
VENDEE/PURCHASER which expression shall, unless repugnant to the context or meaning
thereof shall mean and include his heirs, executors, administrators and assigns of the SECOND
PART).

WHEREAS the Vendor is the absolute owner of the property bearing House no 44 admeasuring
500 Sq. feet situated at Gaya (hereinafter referred to as the said property).

And whereas the Vendor has agreed to sell the said property to the Vendee at the price and on
the conditions mentioned hereinafter.

NOW IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:

1. The Vendor hereby agrees to sell, transfer and convey the said property in favour of the
Vendee.

2. That the consideration of Rs 500000 is to be paid by the Vendee to the Vendor Rs 100000 is to
be paid at the execution of this agreement as earnest money. Rs 200000 on 15 October, 2020 and
lastly Rs 200000 at the time of final sale deed.

3. The Vendor acknowledges the payment of Rs 100000 as earnest money paid in cash by
Vendee.

4. The Vendor shall make out a marketable title to the said property free from encumbrances and
reasonable doubts.

35
5. The Vendor shall deliver to the Vendee the title deeds relating to the said property in his
possession and power on execution of these presents for inspection and investigation of the title
by the Vendee or his advocate.

6. The Vendor agrees to apply for, obtain and furnish unto the Vendee all such permissions as
may be necessary under the laws for registration of Sale Deed.

7. The Vendor and the Vendee hereby agree that the sale will be completed within six months
from the date hereof.

8. All the taxes, levies etc due and payable against the said property shall be paid by the Vendor
till the completion of sale and thereafter it will be the responsibility of the purchaser. The Vendor
shall handover all the tax receipts etc. duly paid to the Vendee at the time of completion of sale.

9. The Vendor agrees to handover actual, physical and vacant possession of the said property
onto the Vendee at the time of sale deed.

10. That the expenses towards the payment of stamp duty, registration charges and all other
incidental expenses for agreement for sale and sale deed shall be borne out by the Vendee.

11. If the Vendor fails to make out the clear marketable title to the said property as aforesaid then
the Vendee will have the right to cancel this agreement by giving at least fifteen days notice to
the Vendor and after the expiration of fifteen days the agreement shall stand terminated and the
Vendor agrees to return the earnest money to the Vendee.

12. If the Vendee fails to perform his obligations under this agreement within the time stipulated
then the Vendor shall be entitled to cancel this agreement by giving at least fifteen days notice in
writing to the Vendee. On termination the Vendor will be entitled to forfeit the earnest money
paid by the Vendee.

PROVIDED ALWAYS that the expression the “vendor” and the “Vendee” hereinbefore used
hall include their respective Heirs, Legal Representative, Successor and Assignees.

36
IN WITNESS WHEREOF the parties hereto have signed this deed at Gaya in presence o
witnesses on the date and year herein before written.

Witness:

1. Sd/- Mr. Bean Sd/- Bin Laden

S/o Stuart Vendor
R/o ….

2. Sd/-Mr. Charli Sd/- Trump

S/o Chaplin Vendee
R/o…..

Schedule referred to above:

A six storeyed complex, near CUSB Panchanpur, built on Plot No 2350/770, as mentioned in
Gaya Municipal Corporation records, along with basement parking, helipad in front of the house
bound as follows:

Boundaries of the House:

North: State Highway 7

South: Plot No. 2355/770

East: CUSB Campus

West: Plot No. 2377/854

Sd/- Trump Sd/- Bin Laden

Vendee Vendor

37
 LEASE DEED
THIS LEASE DEED is made and executed at Delhi on 10/10/2020.
BETWEEN
Mr. Ian Somerhalder S/o Robert Somerhalder R/o Nirman Vihar, H. No. M-170, Greater
Kailash-II, New Delhi hereinafter referred to as the LESSOR, which expression shall unless
excluded or repugnant to the context to be deemed to include legal heirs i.e. Robert Somerhalder
, Father of Lessor herein, successors, executors, administrators, representatives and assigns of the
FIRST PART.
AND
M/s. Dave Thomson Associates (India) Pvt. Ltd. having its registered office at Satyug-Villa 1st
Floor, 5, Gurunanak Nagar off Shankarshet Road, Pune through, their Director Mr. H. R.
Srinivas to enter into these presences hereinafter referred to as the LESSEE which expression
unless excluded or repugnant to the context shall include and mean, successors, successors in
interest and assigns of the SECOND PART.

WHEREAS the Lessor has represented to the Lessee that he is the owner/landlord of the
Basement portion of the construction at M-170, Greater Kailash-II, New Delhi admeasuring 760
Sq. ft. approximate covered area in the said premises and is desirous of letting out the same,
hereinafter referred to as the demised premises. AND WHEREAS the Lessee has offered to take
the demised premises on Lease and the Lessor has agreed to let out the same on the terms and
conditions hareinafter specified.

NOW THIS AGREEMENT WITNESSETH AS UNDER:

1. That the Lessor hereby conveys to the Lessee the basement portion of the said premises
admeasuring 760 Sq. ft. Approx for a period of 24 months with effect from 1st Sept. 2017 at a
monthly, rent of Rs. 40,000/- (Rs. Four thousand only) exclusive of Electricity, water charges,
actual bills/ rental charges of Telephone/Fax whenever installed in the demises premises.

2. That the Lease will be for an initial period of 24 months with effect from 1st Sept. 2020, in
case the Lease is reminded at the option of the Lessor and with an enhances increase of 10% of
rent payable per annum immediately after expire of every 12 months period. The duration of
Lease period 24 months is the essence of this agreement with the provision that both, the Lessor

38
and the Lessee have the right to either terminate the Lease even before the expiry of the Lease
period, by giving 3 months written notice. The Lease is therefore for a fixed period of 24 months
w.e.f. 1st Sept. 2020 ending on 31st Aug. 2022 thereafter the Lessor shall have the option to
renew the Lease for a further period of 2 years at the terms and conditions as laid out by the
Lessor.
3. That on the date of execution of this Lease Deed the Lessee had paid a sum of Rs. 360,000/-
(Rs. Thirty Six Lakhs only) vide pay order No. XXX dated 10 October 2020 drawn on 12
October 2020 as security deposit which will be kept by the Lessor for the due performance of the
terms and conditions of this Lease, free of interest. On termination of the Lease, the Lessor shall
refund the security deposit/unadjusted Advance rent, if any. In case the Lessor fails to refund the
security Deposit/balance advance rent, the Lessee shall be entitled to charge interest 21% P.A.
from the date of termination of Lease till the date of refund. Additionally, the Lessee shall be
entitled to hold possession of the property till the refund of security deposit/unadjusted advance
rent along with interest, if any is made without payment of rent/Lease money. This will be
applicable only on production of documentary proof by the Lessee to the Lessor that all dues
pertiaining to electricity and any other charges payable by the Lessee have been cleared upto
date.

4. The Lessee covenants with Lessor as under :

i) That the Lessee agrees to pay a monthly rent of Rs. 40,000/- (Rs. Fourty thousand only)
mentioned above on or before 7th day of every month.
ii) The Lessee agree to carry out minor repairs or replacement of broken parts in electrical and
sanitary installations and glasses himself, but major repairs pertaining to the structure of the
house will have to be done by the Lessor, as and when considered necessary by him. However,
the Lessee shall handover the vacant physical possession to the Lessor on termination of this
Lease in the same conditions as it has been handed over to him on 1-9-2020.
iii) That the Lease is for a period of 24 months only commencing from 1-9-2020. The Lessee
shall give vacant possession of the premises to the Lessor after the expiry of the Lease period.
iv) That the Lessee shall duly comply with all the local rules and regulations of local authorities
with regard to the use of the premises.

39
v) That the Lessee shall pay the electricity charges in accordance with the bills at rates
determined by DESU and accordance with bills/demands received from DESU, NDMC
including meter rents etc. The meter readings on the date of possession will be duly recorded.
vi) That the demised premises have been let out to the Lessee for authorised use only.
vii) That the Lessee shall permit the Lessor or his duly authorised agents during reasonable hours
in the day time to enter upon the demised premises for inspection of the Lessor‟s fixtures and
fittings therein, and the premises as may be deemed fit by the Lessor.
viii) That the Lessee at the expiry of this Lease shall deliver peaceful and vacant possession of
the demised premises to the Lessor together with the fittings and fixtures installed in good
condition as the same are at present, reasonable wear and tear and damage by fire, earthquake,
civil commotion, act of God excepted including lightening to fittings etc. but excluding
telephones, fax computers and air conditioners. No fixtures, wood work etc. carried by the
Lessee shall be removed/damaged at the time of handing over vacant possession of the demised
premises.

ix) That the Lessee shall not make any8 alteration of permanent nature within the premises as
well as in the open space, without the written consent of the Lessor.

x) That the Lessor shall not interfere with the peaceful enjoyment of the property by the Lessee
whether directly on indirectly.

xi) That the Lessee shall keep the premises in good tenantable condition and shall not cause any
loss/ damage to it, subject to normal wear and tear of the premises.

The Lessee shall observe and perform at all time during the continuance of the terms hereby
created all the terms and conditions herein as contained.

xii) That the Lessee shall in the event of unfortunate and unseen demise or incapacitation of
Lessor will for all purposes treat Mr. Paramjit Singh, Husband of Lessor as the rightful receipt of
rents or anyother dues payable by the Lessee as per the terms set forth above in this deed without
any let or hinderances. The said Mr. Paramjit Singh will have the full authority to enforce any or
all provisions contained in this agreement. He shall by my sole beneficiary and executor.

40
xiii) That the Lessee will not park any motor car or any other vehicle in this outer drive way of
the premises at any time both inside and outside the main gate.

5. That the Lessor hereby covenants with Lessee as follow:-

i) That the Lessor has good right and full power and absolute authority to Lease the demised
premises to the Lessee in manner herein contained.

ii) To observe and perform t all times during the continuance of their terms hereby created, all
the terms and conditions contained in the Lease by virtue of which the Lessor is holding the said
premises and to keep the Lessee indemnified against any breach or consequences thereof.

iii) To pay discharge all rates and taxes whether Municipal or otherwise and to her assessments
and outgoing which pare payable in respect of Lessor failing to pay any such amount when the
same shall fall due for payment, the Lessee shall be entitled to pay the same on behalf of the
Lessor and to deduct the amount so paid from the rent payable by the Lessee to the Lessor
hereunder.

iv) To comply with, at his own cost, all requirements and regulations of the Municipals or other
lawful authority concerning the demised premises to the observed by the owner/landlady. v) That
the Lessee paying the Lease money hereby reserved and performing the several covenants
conditions and agreements herein contained and on its part to be observed and performed, the
Lessee shall peaceably hold and enjoy the demised premises together with the Lessor fixtures
and fittings therein during the said terms without any interruption or disturbance from or by the
Lessor or any person claiming through under or in trust for the Lessor.

6. It is hereby mutually agreed and declared by the parties hereto as follows :-

i) In the event of the demised premises or any part thereof being destroyed or damaged by fire,
earth quake, flood war air raid civil commotion, roits or other act of God or irrestible force
during the period of the Lease, this Lease shall at the option of the Lessee be terminated. And in
the event of the Lessee being desirous of any part thereof as the case may be so as to enable the
Lessor to repair the damage or reinstate the same and the rents hereby reserved shall remain
suspended till the demised premises or any part thereof as the case may be reinstated or restored

41
to its former state and possession if delivered over to the Lessee for the remaining part of this
Lease, if any.

ii) That in the event of any dispute or difference arising out of this agreement, the matter will be
referred to the Arbitrator apporved by common consent of both the parties and his decision will
be binding on both parties.

iii) That the parties to the agreement have specifically agreed that considering the location,
accommodation, and condition of the said property, the Lease rent is fair rent and in consonance
with the property, market rates.

iv) That the terms and conditions of this agreement as stated above shall be binding on both the
parties.

v) If the rents or other amounts due under the Lease deed or any part thereof shall remain unpaid
for more than one month and if any covenant on the Lessee‟s part herein contained shall not be
performed or observed by the Lessee and shall continue to do so for the period of 30 days after
written notice by the Lessor thereof to the Lessee then and in any of the said cases it shall be
lawful for the Lessor to renter the demised premises or upon any part thereof in the name of the
whole and the Lease shall thereupon be terminated, but without prejudice to any claim or action
or remedy which either of the parties may have against the other as on that date in respect of any
branch, non-performance or non-observance of the covenants or conditions herein contained.

vi) The Lease shall automatically come to an and determined on the expiry of the Lease period.
Hence peaceful and vacant possession of the demised premises will be deemed to have been
handed over by the Lessee to the Lessor.

vii) The cost of preparation of the original Lease and duplicate thereof and stamps and
registration fee and in connection with the same shall be borne and paid by the Lessee. The
Lessor shall retain the original of the Lease deed and the Lessee the duplicate thereof.

42
IN WITNESS WHEREOF, these presents have been executed by the parties hereto on the day,
month and year first mentioned herein above in presence of witness:

LESSOR

LESSEE

Witnesses:

(1) Mr. Paul Wessley

(2) Nina Doberev

43
 PARTNERSHIP DEED
THIS DEED OF PARTNERSHIP is executed at New Delhi on this 20th day of January,2019
BETWEEN
Mr. Tony S/o Howard ,Delhi, hereinafter called “THE FIRST PARTY” which
expression shall mean and include his heirs, successors, executors and legal representatives.
AND
Mr. Chris S/o Mr. Robert R/o Patna, hereinafter called “THE SECOND PARTY”
which expression shall mean and include his heirs, successors, executors and legal
representatives.
WHEREAS the First Party is in occupation as a tenant of property measuring 1000 sq. ft. on the
ground floor bearing No. E-1 Ram Nagar, Delhi.
AND WHEREAS the First Party is desirous of carrying on the business of interior decoration
and the Second Party, being experienced in this trade, has approached the First Party to run this
business with him jointly in partnership.
AND WHEREAS the parties have agreed to commence and run the business of interior
decoration, furnishing, manufacture and sale of furnishing, manufacture and sale of furniture,
soft furnishing and accessories in partnership.
NOW, THEREFORE, THIS DEED WITNESSES AS UNDER:
1. The name and style of the this partnership business shall be M/s Stark Interiors.
2. The business of this partnership shall be considered to have commenced on 20th day of
January, 2019.
3. That the principal place of business of this partnership shall be at . E-1 Ram nagar, Delhi.
However, the same may be shifted or carried on elsewhere as well with the mutual consent of
both the parties from time to time.
4. That the business of the partnership shall be interior decoration, furnishing, manufacture and
sale of furniture, soft furnishing and accessories. However, the parties will also be entitled to
extend their activities into business or manufacturing of any other item as well.
5. The shares of the parties in the profits and losses shall be as follows :
i) First Party – 51% ii) Second Party – 49%
6. The initial capital has been contributed by both the parties by investing a sum of Rs. 15,000/-
each. If and when more funds are required for the business, the partners shall invest the same.

44
However, any capital investment of the partners shall not carry any interest. In case loans or
deposits are raised from outside i.e. friends and relations of the partner or the financial
institutions then only those loans or deposits, which are taken with the written consent of both
the partners and are entered in the books of accounts of the partnership, shall be binding on the
firm. The partnership shall maintain regular books of accounts in accordance with the customs of
trade and all dealings of the partnership shall be duly recorded in the same. The account books
etc. shall be maintained in the place of business at . E-1 Ram Nagar, Delhi.
7. Each of the partners shall be entitled to withdraw a sum of Rs. 2000/- every month which shall
be adjustable in the final profit and loss account to be prepared every year.

8. The First Party shall also be entitled to withdraw a sum of Rs. 5000/- per month towards the
rent he is paying to the Landlord in respect of the portion of property No.E-1 Ram Nagar, Delhi

9. The tenancy rights in respect of property No. . E-1 Ram Nagar, Delhi shall always vest in the
First Party and whenever the partnership is dissolved for any reason whatsoever, the Second
Party shall not be entitled to any right, title or interest in the same.

10. That the partnership shall maintain proper books of accounts in the normal course of business
at the principal place of its business and the same shall always be open for inspection to the
partners.

11. That the first accounting period of the partnership shall close on 31st March, 2020 and
thereafter the financial year, shall run from 1st April every year to 31st March of the subsequent
of the English calendar.

12. That the bank accounts of the partnership and / or its branches shall be operated under the
signatures of any of the partners.

13. That at the close of the accounting period / year, a trial balance, profit and loss account and
balance-sheet etc. shall be prepared and the profit and loss in the ration enumerated above shall
be credited / debited to the capital account of the partners.

14. That either of the parties would not be entitled to carry on similar or competitive trade
individually or in partnership and in any other manner.

15. The partnership shall be at Will. However, whenever any party intends to dissolve the same
or retire from the same, he shall give an advance notice of 30 days to the other party and during
the period of notice, profit and loss account, balance sheets shall be completed to finalize the
accounts in between as partiers as well as with the outsiders.

16. That in the event of any dispute arising between the partnership with respect to any clause of
this document or the working of the partnership or for anything indicated thereof, the same shall

45
be decided by arbitration in accordance with the provisions of the Arbitration Act and by no
other process.

17. That in all other matters not provided herein, the partnership shall be governed by the Indian
Partnership Act as applicable from time to time.

IN WITNESS WHEREOF the parties have signed this document on the date first above written
in presence of the following witnesses.

FIRST PARTY SECOND PARTY

WITNESSES

1. Robert
2. Willson

46
 DEED OF DISSOLUTION OF PARTNERSHIP

THIS DEED OF DISSOLUTION is executed at Delhi on this 31st days of January, 2019.

BETWEEN

Mr. Tony S/o Howard R/o Delhi, , hereinafter called “THE FIRST PARTY”
, which
expression shall, unless repugnant to the context or meaning hereof, mean and include his heirs,
successors, executors and legal representatives.

AND

Mr. Chris S/o Mr. Robert, R/o Patna , hereinafter called “THE SECOND PARTY”,
which expression shall, unless repugnant to the context or meaning hereof, mean and include his
heirs, successors, executors and legal representatives.

WHEREAS the parties have been carrying on business in partnership under the name and style
of “M/s Stark Interiors”, from premises bearing No. . E-1 Ram Nagar, Delhi, on the basis of a
partnership deed executed between them on 20th March, 2017;

AND WHEREAS it has been mutually decided by the parties hereto to dissolve this partnership
and to reduce the terms of this dissolution into writing;

NOW, THEREFORE, THIS DOCUMENT WITNESSES AS UNDER:

1. That the partnership constituted by the parties hereto vide the partnership deed dated
20.3.2017 on the basis of which business under the name and style of “M/s. Stark Interiors” was
carried at premises No. . E-1 Ram Nagar, Delhi has been dissolved with effect from today i.e.
31.1.2019.

2. That all the accounts of the partnership have been agreed and understood by the parties and all
trading results, profits and losses and personal debit and credit entries and balances, have been
checked and accepted by them as per the account books.

3. That all records, account books, etc. of the dissolved partnership have been delivered to the
First Party hereto, who shall be responsible to notify all concerned authorities about the fact of
this dissolution and shall also be responsible to get the assessments, if any pending, completed.

47
4. That the First Party shall produce the account books of the partnership, whenever reasonably
required by the Second Party, either before the assessment authorities or before any other
authority.

5. That the partners shall be liable for their individual taxes. However, any taxes or payments
raise against the dissolved partnership, shall be met by the individual parties, in accordance with
his ratio of profits and losses in terms of the partnership deed.

6. That none of the parties shall be liable for any liability raised by the other in the name of the
erstwhile partnership firm.

7. Without prejudice to any rights and remedies herein contained, each of the parties hereto
hereby releases and discharges the other from all actions, proceedings, claims and demands on
account of the said partnership.

8. That it is mutually agreed if any dispute arises between the parties in relation to present
Dissolution Deed then the same shall be referred to the Sole Arbitrator to be appointed by
continuing partner under the provisions of Arbitration and Conciliation Act, 1996, and place of
arbitration shall be at New Delhi.

IN WITNESS WHEREOF the parties have signed this document on the date first above written
in presence of the following witnesses.

FIRST PARTY SECOND PARTY

WITNESS

1. Robert
2. Willson

48
 GIFT DEED

This deed of Gift is executed on 25th day of June month of 2020 year by Sri. Harish , S/o.
Mahesh , occupation Advocate, and aged 48 years, residing at Chanakyapuri, Delhi. herein after
called the DONOR.

In favour of

Sri. Suresh S/o. Harish, occupation Journalist, aged 25 years, residing at Chanakyapuri, Delhi
Herein referred to as the DONEE.

Whereas, the term Donor and Donee unless repugnant to the context shall mean and include their
representatives heirs, successors, executors, administrators, trustees, legal representatives and
assigns.

Whereas, the Donor is the absolute owner of the property i.e. House, described in the Schedule
annexed and the Donee is his son.

Whereas the Donor desires to grant the said land and premises described in the schedule written
hereunder and hereinafter referred as scheduled property to the Donee as gift in consideration of
natural love and affection subject to the condition herein after mentioned.

NOW THIS DEED WITNESSETH that the Donor, without any monitory consideration and in
consideration natural love and affection which the Donor bears to the Donee hereby grant and
transfer by way of gift, the scheduled property situated at B-44, Nirman Vihar, New Delhi,
together with all the things permanently attached thereto or standing thereon and all the liberties,
privileges, easements and advantages appurtenant thereto and all the estates, rights, title, interest,
use, inheritance, possession, benefits, claims and demand whatsoever of the Donor TO HAVE
AND TO HOLD the same unto the use of the Donee absolutely but subject to the payment of all
taxes, rates, assessments, dues and duties now and here after chargeable thereon to the
Government or local authorities.

49
Whereas the Donor hereby covenant with the Donee;

(a) That the Donor now has in himself, absolute right, full power, and absolute authority to grant
the said scheduled property hereby granted as gift in the manner aforesaid.

(b) The Donee may at all times herein after peacefully and quietly enter upon, take possession of
the scheduled property and enjoy the said scheduled property as he deems fit without any
interruption, claim or demand whatsoever from or by the Donor or his heirs, executors,
administrators and assigns or any person or persons lawfully claiming or to claim by from under
or in trust for the Donor.

(c) AND FURTHER that the Donor and all persons having or lawfully claiming any estate or
interest whatsoever to the said scheduled property and premises or any part thereof from under or
in trust for the Donor or his heirs, executors, administrators and assigns or any of them shall and
will from time to time and at all times hereafter at the request and cost of the Donee do and
execute or cause to be done and executed all such further and other acts, deeds, things,
conveyances and assurances in law whatsoever for better and more perfectly assuring the said
scheduled property and every part thereof unto and to the use of the Donee in the manner
aforesaid as by the Donee his heirs, executors, administrators and assigns or counsel in law shall
be reasonably required.

Sd/- Harish

WITNESS

1. Jethalal Gadda
2. Tarak Mehta

Accepted by the said Donee and signed by him in token of such acceptance.

Sd/- Suresh

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 SCHEDULE OF THE PROPERTY

All the piece and parcel of immovable property i.e. house bearing House No. B-44, Nirman
Vihar, New Delhi Measuring 600 Sq, Yds.

Bounded by:-

On the East: Road No. 44

On the West: City Trade Centre

On the South: House No. 82

On the North: Railway Hospital

WITNESS Sd/- Harish

1. Jethalal Gadda
2. Tarak Mehta Sd/- Suresh

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 MORTAGAGE DEED

THIS DEED OF MORTGAGE is executed at Delhi on this 31st day of January 2017

BY Mr. A son of Sh. B resident of Patparganj, New Delhi, hereinafter called the
MORTGAGOR, which expression shall mean and include his heirs, legal representatives,
executors, administrators and assigns of the First Part;

IN FAVOUR OF

M/s ABC Ltd., A company incorporated under the Companies Act having its registered office at
New Delhi, hereinafter called the MORTGAGEE, which expression shall mean and include its
successors.

WHEREAS THE MORTAGAGEE AFORSAID ON THE REQUEST OF THE

MORTAGAGOR AFORSAID has agreed on the terms and conditions hereinafter mentioned to
lend a sum of Rs 200000/- (Two lakh only ).

NOW THIS DEED WITNESSETH that in pursuance of the said agreement and in consideration
of the said advance made by the said Mortgagee to the said Mortgagor (the receipt whereof the
said Mortgagor hereby acknowledges), the said Mortgagor hereby conveys, and assign by way of
Mortgage by condition sale all that is specifically described in the schedule hereto annexed to
hold unto and to the use of the said Mortgagee from this day and the said Mortgagee is to be in
possession of the property hereby demised;

1. The Mortgagor admits and acknowledges that he owes a sum of Rs.2,00,000/- to the
Mortgagee on the basis of promissory note and receipt dated 1.6.1990 executed by him in favour
of the Mortgagee.

2. The Mortgagor shall be lible to pay interest on the above stated principal sum of Rs.
2,00,000/- @Rs. 12/- per cent per annum form the date of the loan until payment and in this
manner the total charge of the referred property of the Mortgagor shall be the principal sum of
Rs. 2,00,000/- and interest accruing thereupon.

3. The Mortgagor will pay to the Mortgagee the said sum of Rs. 2,00,00/- in equal monthly
installment of Rs.2000/- per month on or before the 31st December, 2000 and in the meantime

52
interest thereon or on such thereof as shall for the time being remain unpaid, at the rate of 12%
percent per annum by half yearly payments on the 30th day of June and the 31st day of
December in each year.

4. That any interest not paid on the due dates shall be treated as principal and added to the
principal sum herby secured and bear interest at the rate and payable on the half yearly days
aforesaid.

5. In consideration of the aforesaid, the Mortgagor hereby transfer by way of simple mortgage to
the Mortgagee, a vacant residential plot bearing Municipal No. A-25, Ashok Vihar, Delhi.

6. By this deed, the Mortgagor also mortgages to the Mortgagee any building and all other
permanent structures that shall be built on the aforesaid vacant plot by the Mortgagor.

7. The Mortgagor hereby covenants with the Mortgagee as follows :

(i) That the said premises are free from all encumbrances and the Mortgagor undertakes
that until the entire principal amount and interest, if any due, is not paid back to the
Mortgagee, the Mortgagor shall not create any fresh mortgage, charge, pledge, or in
any other manner, alienate the corpus or his interest in the aforesaid property to any
third person.
(ii) If the Mortgagor fails to pay the sum with interest after it has become payable under
the provisions of the this deed, the Mortgagee shall, in addition to any other remedy
available to him under the law, have the power to sell without the intervention of a
Court the mortgaged property or any part thereof for the realization of the money due
to it hereunder.
(iii) During the continuance of the Mortgage, the Mortgagor shall keep any building or
permanent structure erected on the aforesaid plot of land insured against damage by
fire in the name of the Mortgagor with an Insurance Company and shall punctually
pay all premium on such insurance and shall produced to the Mortgagee on demand,
the policy of such insurance and the receipt for the premium so paid.

53
Provided always, that if the Mortgagor shall make default in any of the above matters, the
Mortgagee may, in its discretion, insure and keep insured all or any of the said building and
permanent structures to the amount aforesaid and that the expenses of doing shall be repaid to it
by the Mortgagor on demand, and until so paid shall be added to the principal money hereby
secured and bear interest accordingly and be secured in the like manner as the said principal.

IN WITNESSES WHEREOF the Mortgagor has executed this document on the date, first above
written.

WITNESSES

1. Hanshraj Hathi Sd/- Mr. A

2. Aatmaram Bhide Sd/- M/s ABC

54
 SCHEDULE OF THE PROPERTY

All the piece and parcel of a vacant residential plot bearing Municipal No. A-25, Ashok Vihar,
Delhi.

Bounded by:-

On the East: Road No. 44

On the West: City Trade Centre

On the South: House No. 82

On the North: Railway Hospital

WITNESSES

1. Hanshraj Hathi Sd/- Mr. A

2. Aatmaram Bhide Sd/- M/s ABC

55
 IN THE HIGH COURT OF DELHI AT NEW DELHI
(WRIT JURISDICTION)
WRIT PETITION NO. ________OF2019
IN THE MATTER OF :
Mr. A, S/o Mr.B, R/o Jangpura Extenion, New Delhi PETITIONER

VERSUS

Union of India Through Ministry of Home Affairs &

Superintendent of Tihar Jail RESPONDENT

WRIT PETITION UNDER ARTICLE 226 OF CONSTITUTION OF INDIA FOR

ISSUANCE OF PREROGATIVE WRIT OF HABEAS CORPUS OR ANY OTHER
APPROPRIATE WRIT
Respectfully showeth :
1. That the petitioner is a citizen of India residing at Jangpura Extenion, New Delhi. The
respondent is Union of India Through Ministry of Home Affairs & Superintendent of
Tihar Jail.
BRIEF FACT
2. At 12 noon on 21st August, 2019, the Government promulgated the Conservation of
Foreign Exchange (Prohibition) Ordinance, 2019 and declared smuggling as illegal.
3. Soon after that Mr. A was arrested and detained in Tihar Prison alleging that he deals in
Foreign Goods.
4. Petitioner is a businessman dealing in imported marbles. He has all the necessary
approvals for carrying out his trade.
5. Without any arrest warrant petitioner was arrested and detained.
GROUNDS

(a) Because the action of the respondent is contrary to law and good conscience.

56
(b) Because the action of the respondent is arbitrary, unreasonable, irrational and
unconstitutional .
(c) Respondent has no right to hamper life and personal liberty of petitioner on unreasonable
ground.
(d) Petitioner was arrested without any arrest warrant neither he was issued any summon in
this regard.
(e) Because the action of the respondent is bad in law.
(f) That the Petitioner has no other alternative efficacious remedy except to approach this
Hon‟ble Court by way of this writ petition.
(g) That the petitioner has not filed any other similar writ petition either before this Hon‟ble
Court or before the Supreme Court of India.
(h) That the honorable court has territorial jurisdiction to entertain the writ petition.
(i) That there has been no undue delay in filing of this petition.
(j) That the requisite court fee has been affixed on this petition.

PRAYER :

The petitioner most humbly prays that this Hon‟ble Court may be pleased to :-
(a) Issue order for release of petitioner from detention.
(b) Issue order to compensate the petitioner for mental agony and harassment.
(c) issue any other further order/orders or direction/directions as this Hon‟ble Court may
deem fit and appropriate no the facts and the circumstances of this case.

FOR THIS ACT OF KINDNESS THE PETITIONER ABOVENAMED SHALL EVER

PRAY.

Delhi
22nd August 2019
PETITIONER THROUGH
ADVOCATE

57
 AFFIDAVIT
IN THE HIGH COURT OF DELHI AT NEW DELHI
(WRIT JURISDICTION)
WRIT PETITION (CIVIL) NO. ________OF2019

IN THE MATTER OF :
Mr. A, S/o Mr.B, R/o Jangpura Extenion, New Delhi PETITIONER

VERSUS

Union of India &

Superintendent of Tihar Jail RESPONDENT

Writ petition under article 226 of

constitution of india for issuance of prerogative writ
of habeas corpus or any other appropriate writ.

AFFIDAVIT OF Mr X , AGED ABOUT 40 YEARS, R/O Delhi.

I, Mr. X , brother of petitioner 1 hereinabove do hereby solemnly affirm and state hereunder:

1. I say that I am aware of the facts and circumstances of the present and I am duly
authorized and competent to swear and file the present suit and affidavit.
2. That I have been duly authorized by the petitioner to swear the present affidavit on his
behalf, too.
3. That the content o the writ petition has been read over and explained to me as well as I
have understood the same.
4. That the annexure are true copies of the originals.

DEPONENT

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 VERIFICATION:

I, Mr. X do hereby verify on this 22nd day of August, 2019 at Delhi that the contents of the above
said affidavit are true and correct to my knowledge and information and nothing material has
been concealed there from.

DEPONENT

59