Vivekananda Institute of Professional Studies 16th August, 2013 NOTICE VI Intra VLS Moot Court Competition This is to inform that Vivekananda Law School Moot Court Society is holding VI Intra Moot Court Competition on 6th September 2013. Students from 3rd Semester to 9th Semester can submit their team names to the under named faculty committee by 22nd August 2013. There will be screening for the teams who are participating for the first time on 2nd September 2013. at 2:50 p.m. in the Moot Court room. Rules for the competition: 1. The teams should consist of two speakers and one researcher. 2. Participating teams have to submit two copies of memorials from the both the sides. i.e. appellant (Blue) and respondent (Red) by 29th August 2013, before 2:00 p.m. Under no circumstances the delay in submissions shall be entertained. 3. The quality of memorial should be the prime concern of every team. The five best memorials shall be kept in the library. Teams may be disqualified on account of submitting copied memorials. There shall be a training session for all those who are preparing for the first time on 23rd August 2013, at 2:50 p.m. in the moot court room by the senior students. 4. The category of certificates includes – Best team, Second best team, best advocate, and best memorial. 5. The dress code for the participants shall be formals i.e. black & white. 6. The competition will begin by 10:00 a.m. sharp and in no case teams would be allowed to appear if they miss their serial number. The problem for the competition is available with the Xerox shop in the campus. Faculty Committee Ms. Monika Srivastava Ms. Susheela Sharma Ms. Vidhi Madaan Ms. Pooja Malik Ms. Deepti Kohli (Convenor) VI Intra VLS Moot Court Competition-Moot Problem 6th September 2013 XYZ Pvt Ltd (Consultant) is a company incorporated in India registered with the registrar of companies, Kanpur, Uttar Pradesh. The Company provides consultancy services for maintenance and development of large farms and estate. Mr. Makhan, who lives in Delhi inherited various farms and estates in Gurgaon as well as all over uttar Pradesh. In the year 1995 farm and estates of Master Makhan ran into huge losses due to mis management when he was merely 17 years of age and therefore he contacted M/s XYZ Pvt. Ltd for their services in management of his farms and estate. He entered into an agreement with M/s XYZ Pvt Ltd at New Delhi. and among other standard terms of the agreement Master Makhan was also liable to pay 25% of annual proceeds of the farms and estates managed by M/s XYZ Pvt. Ltd. To M/s XYZ Pvt. Ltd along with Rs. 1,50,000/- PM as consultation fee and XYZ Pvt. Ltd by way of the said agreement assured a return of atleast 1 Crore Per Annumm and in case of failure to generate the same they shall be liable to pay a sum of Rs. 25 Lakh as penalty. The agreement was for a term of three years and concluded on 31 December 1998. Clause 25 of the agreement read as follows: “That the consultant assures the party of the first hand that it shall make every effort to generate maximum revenue out of the farms and estate of the party of the first hand and assures that atleast a revenue of Rs. 1 Crore shall be generated by the consultant. In case of failure on part of the consultant to generate the revenue as promised subject to other conditions of this agreement it shall pay by way of penalty a sum of Rs. 25 Lakhs to the party of the first”. That though a return of Rs. 1 Crore per annumm was promised by M/s XYZ Pvt. Ltd., however it was only able to generate Rs. 50 Lakhs per anumm and therefore Mr. Makhan decided to invoke Clause 25 of the agreement and filed a suit at Delhi for recovery of Rs. 25 Lakha per anumm as penalty in November 1999. In reply to the claim of Mr Makhan, M/s XYZ Pvt, Ltd took shelter of Clause 37 of the agreement and claimed that the suit is not maintainable being barred under Clause 37 of agreement which reads as follows: “Any claim arising out of this contact shall be made within 6 months from the date of conclusion of this agreement and no party shall claim any right whatsoever under this agreement including by way of any legal proceeding after expiry of said 6 months and courts at Kanpur, UP shall alone have jurisdiction to decide any dispute arising out of this contract”. Prepare arguments for both the parties ie plaintiff and defendant.
Posted on: Sun, 18 Aug 2013 18:13:59 +0000
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