UTKAL UNIVERSITY

Examination 10TH SEMESTER

Subject:
Paper: VI
Date: 22.07.2022
Examination Roll No.: 1007CT17029
Regd. No.:
Examination: 10TH SEMESTER
Subject:
Paper: VI
Date: 22.07.2022
CODE NO.
MOOT COURT
1. Moot problem(written)
i.
ii.
Civil Criminal
2. Trial Court Attendance
3. Interview Techniques Pre-trial preparation
SIGNATURE CENTER SUPERINTENDENT
CODE NO.
FULL MARK(50)
10 Marks
10 Marks
15 Marks
15 marks
50 (Marks total)
1
Marks Secured
Signature of the Examiner

CERTIFICATE

This is to certify that Prachi Punyatoya , a student of 10th semester,

Integrated BA LLB(H) course of this college, bearing Exam Roll NO.
1007CT19030 and Regd NO. 15395/19 completed this report for the partial
fulfilment of her study for the academic session (2023-24) for the degree of
BA LLB (H) under my guidance.

I also certify that while preparing this report she has consulted a number
of books, expert reports, different statutes, articles , newspapers reports,
websites,etc.,which are reflected in different chapters of this report and that
she has vividly covered almost all important aspects of the topic. I consider
that this report has reached the standard and fulfilling requirements of the
rules and regulations relating to the nature of the degree. The contents
embodied in the report have not been submitted for the award of any other
degree in this or any other university.

Place: Cuttack
SIGNATURE OF GUIDE:

Date: PADMAJA TRIPATHY

THE LAW COLLEGE

DECLARATION

I, PRACHI PUNYATOYA, of 10th Semester from 5 Years Integrated BA

LLB(H) of The Law College, hereby declare that , I have done this report
as an academic curriculum in the partial fulfilment of Integrated BA LLB
(H), under the guidance of Adv. Pranay Kumar Parija. The report has been
prepared by me under the guidance of Adv. Pranaya Kumara Parija andI
declare that the same has not been submitted for evaluation elsewhere.
 PRACHI PUNYATOYA

10th SEM(BA LLB)

REGD NO- 15395/19

EXAM ROLL N0- 1007CT19030

THE LAW COLLEGE

ACKNOWLEDGEMENT

I would like to express my sincere gratitude to Principal Samanta Kumar

Ray , The Law College, Cuttack for providing me an opportunity to conduct
the report work and also to Mr. Pranaya Kumara Parija, Advocate to help
me to get into the subject-matter within a limited time.

I am also thankful to all my seniors, guides, associates and colleagues who

help me in giving all the required information in a very cooperative manner.

Lastly , I am grateful to everyone who helps me by providing the

information by spending their valuable time.
 PRACHI PUNYATOYA

10th SEM (B.A.LLB.(H)

REGD NO. -15395/19

EXAM ROLL N0- 1007CT19030

THE LAW COLLEGE

TRAIL COURT ATTENDANCE

Civil Matter
Day -1

1. Name of the court- High Court of Orissa

Name of the judge- Justice B.P. Routray
Date- 02/01/2024
Day- Tuesday
Filling no.- 450/2020
Observation-
Case no.- FAO/ 450/2020
Reg. No.- 450/2020
Filing dt.- 22.03.20
Reg.dt- 23. 03. 20
Case type- First Appeal from order
Case title- Sreprava Sahoo and others
Vrs
UOI Represented through
General Manager, East coast Railway, BBSR
Petitioners - 1) Suprava Sahoo
Advocate- Dhanajarja Mrund
2) Shubham Sahoo
3) Subhahree Sahoo
 Respondent- UOI
Advocate-Mr. S. Patra
1st hearing- dt. 21/03/23
Case status- Hearing U/o- XLI, R-II, CrPC
U/s- w3, Railway claims & Tribunal Act, 1984

2. Name of the court- High Court of Orissa

Name Of the judge- J. Aditya Kumara Mahapatra
Date.- 2/01/24
Day- Tuesday
Filing no. - 40880/ 2023
Observations
Case no. 40880/ 2023
Filling Dt- 13/12/23
Case Type- Writ Petition
Case tittle- Trilochan Rout
Vers
State of Odisha & ors
Petitioner- Trilochan Rout
Advocate- Mohendra Kumara Mahapatra
Respondent- 1) State of Odisha
2) The collector, Phulbani
3) The Executive officer
1st hearing- 02. 01. 24
Case status- Hearing
U/art 226& 227, Constitution of India,1950

Day 2

1. Name of the court- High Court of Orissa

Name of the judge- J. Arindam Sinha & J. S. K. Mishra
Bench- Division Bench
Date- 03.01. 24
Filling no.- 8796/ 2023
Observations
Reg. No.- 8796/ 2023
Filing dt.- 22/03/23
Reg. Dt.- 23/03/23
Case type- Writ Petition
Case tittle- Mother Earth Resources Pvt. Ltd, Kouraput
Vrs
Y. Krishna Rao
Petitioner- Mother Earth Resources Pvt. Ltd, Kouraput
Advocate- Mr. Satyabrata Mohanty
Respondent- Y. Krishna Rao
Advocate- Brundaban Rout
1st hearing dt- 07/04/23
Next hearing- 12/02/24
 Case status- Hearing
U/art- 226 & 227, Constitution of India,1950

Day-3
1. Name of the court- High Court of Orissa
Name Of the judge- J. B.P Routray
Date- 04/01/24
Day- Thursday
Filing No.- 398/2020
Observations
Case no.- FAO 398/2020
Filing dt- 16/03/2020
Reg dt- 18/03/2020
Case type - First Appeal from order
Case title- Bengalate Dei & Anr
Vrs
UOI
Petitioner- Bengalate Dei & Anr
Advocate- Mr. Dhananjaya Mund, Mr. S. Khan
Respondent- Union of India
Advocate- Mr. A. K. Mohanty
1st hearing Dt.- 24/ 01/23
Next hearing dt- 22/04/24
U/s- 23, The Railway claims & Tribunal Act, 1984

2. Name of the court- High Court of Orissa

Name of the judge- J. B. R. Routray
Date- 04/01/ 2014
Day- Thursday
Filing No.- 603/ 2018
Observation
Case No.- FAO/603/ 2018
Reg. No.- 603/ 2018
Filing dt.- 02/ 07/2018
Reg. Dt.- 12/07/18
Case type - First Appeal from order
Case title - U O I
Vrs
Suktara Khtun @ Bibi & Ors
Petitioner- U O I
Advocate- Mr. C. K. Pradhan
Respondent- 1) Suktara Khtun @ Bibi
2) Mamlot Sekh
3) Memra Begam
Advocate- Mr. P. K. Behera
1st hearing dt- 18/09/18
Next hearing dt- 08/02/24
Case status- Hearing
 U/s- 23, Railway claims & Tribunal Act, 1989

Day- 4
1. Name of the court- High Court of Orissa
Name of the judge- J. R. K. Pattanaik
Date- 05/01/24
Day- Thursday
Filing no.- 598/ 2023
Observations
Case no.- MACA /598/ 2023
Reg. No.- 598/ 2023
Filing dt- 21/06/23
Reg. Dt- 22/06/23
Case type- Motor Accident Claim Appeal
Case title- MIS ICCI Lambard General Insurance Co. Ltd
Vrs
Kanaka Sahoo
Petitioner- MIS ICCI Lambard General Insurance Co. Ltd
Advocate- Mr. Anupam Dash
Respondent- Kanaka Sahoo
Advocate- M/s Dhananjaya Mund
1st hearing Dt- 21/08/23
Next Hearing Dt-09/02/24
Case status- Hearing
U/s 173 MV Act, 1988

Day 5
1. Name of the court name- Additional district and session court, Cuttack
Name Of the judge- J. Ms. Srotaswinee Kar
Date- 09/ 01/24
Day- Tuesday
Filling no.- 2092/ 2017
Observations
Case no.- MAC 1068/2017
Reg. No.- 1068/2017
Filling dt.- 15/12/17
Reg. Dt.- 15/12/17
Case title - Susanta Mohanty &ors
Vrs
Jyoshna Kumari Sahoo
Petitioner- Susanta Mohanty
Advocate- H. K. Mahapatra
Respondent- Jyoshna Kumari Sahoo
Next hearing- 07/02/24
Case status- Pending
U/s 166, Motor Vehicle Act
Day 6
1. Name of the court- High Court of Orissa
 Name of the judge- J. S. K. Panigrahi
Date - 10/01/24
Filing no- 32256/2023
Observations
Case no.- WPCC/ 32256/ 2023
Reg. No.- 32256/ 2023
Filing dt- 29. 09.2023
Reg. Dt- 30.09.2023
Case type - Shibani Soumya Pradhan
Vers
DIV Manager (CRM/PS), Ltd of India, Berhampur
Petitioner- Shibani Soumya Pradhan
Advocate- Tapas Kumara Acharya, R. K. Nayak
Respondent- 1)DIV Manager (CRM/PS), Ltd of India, Berhampur
2) Branch Manager, LIC of India
3) Kedar Sahu
4) Naba Sahu
5) Jhunu Sahu
Advocate- P. K. Mohanty, S. Das, M. Das
1st hearing dt. - 05/10/23
Next hearing dt- 30/01/24
Case status- Hearing
U/ art 226&227 of Constitution of India
Criminal
Day 1
1. Name of the court- High Court of Orissa
Name of the judge- J. S. K. Panigrahi
Date - 12/01/24
Filing no- 699/2023
Observations
Case no.- CRLREC/ 699/ 2023
Reg. No.- 699/ 2023
Filing dt- 30/12/23
Reg. Dt- 02.01.24
Case type - Criminal case
Case name - Ananya Routray
Vers
Dr. Nihar Ranjan Ray
Petitioner- Ananya Routray
Advocate- Mr. A. K. Mohanty
Respondent- Dr. Nihar Ranjan Ray
1st hearing dt. - 03.01.2024
Next hearing dt- 30/01/24
Case status- Hearing
U/ s 397& 401, Criminal Procedure Code, 1973

Day 2
1. Name of the court- High Court of Orissa
 Name of the judge- J. S. K. Panigrahi
Date - 13.01.24
Filing no- 684/2023
Observations
Case no.- CRLREV/ 684/ 2023
Reg. No.- 684/ 2023
Filing dt- 22.12.24
Reg. Dt- 28.12.23
Case type - Criminal case
Case Name- Nursingha Patro
Vers
St. Of Odisha
Petitioner- Nursingha Patro
Advocate- Mr. Goutam Das
Respondent- State Of Odisha
Advocate- Mr. S. Mishra
1st hearing dt. - 05.01.2024
Next hearing dt- 15.02.24
Case status- Hearing
U/s 397,401,Criminal Procedure Code, 1973

Day 3
1. Name of the court- High Court of Orissa
Name of the judge- J. S. K. Panigrahi
Date - 16.01.24
Filing no- 274/2023
Observations
Case no.- CRLREV/ 274/2023
Reg. No.- 274/2023
Filing dt- 17.05.23
Reg. Dt- 18.05 .23
Case type - Criminal case
Case Name- Mitrabhanu Panda
Vers
St. Of Odisha
Petitioner- Mitrabhanu Panda
Advocate- Mr. Mohendra Kumar Mohapatra
Respondent- State Of Odisha
Advocate- Mr.D. Nayak
1st hearing dt. - 05.01.2024
Next hearing dt- 01.02.2024
Case status- Hearing
U/s 397,401,Criminal Procedure Code, 1973

Day 4
1. Name of the court- High Court of Orissa
Name of the judge- J. S. K. Panigrahi
Date - 17.01.24
 Filing no- 8589/2023
Observations
Case no.- BLAPL/ 8589/ 2023
Reg. No.- 8589/2023
Filing dt- 31.07. 23
Reg. Dt- 01.08.23
Case type - Bail Application
Case Name- Jasua Gamanga
Vers
St. Of Odisha
Petitioner- Jasua Gamanga
Advocate- Mr. Gautam Lenka
Respondent- State Of Odisha
1st hearing dt. - 03.01.2024
Next hearing dt- 25.01.24
Case status- Hearing
U/s 439,Criminal Procedure Code, 1973

Day 5
1. Name of the court- High Court of Orissa
Name of the judge- J. S. K. Panigrahi
Date - 18.01.24
Filing no- 6910/2023
Observations
Case no.- BLAPL/ 6910/2023
Reg. No.- 6910/2023
Filing dt- 22.06. 23
Reg. Dt- 22.06.23
Case type - Bail Application
Case Name- Alok Kumara @ Badal Sahoo
Vers
St. Of Odisha
Petitioner- Alok Kumara @ Badal Sahoo
Advocate- Mr. Smruti Ranjan Rout
Respondent- State Of Odisha
1st hearing dt. - 03.01.2024
Next hearing dt- 16.01.24
Case status- Hearing
U/s 439,Criminal Procedure Code, 1973

INTERVIEW TECHNIQUES AND PRE-TRIAL PREPARATION

Name of the Advocate- Pranaya Kumara Parija, Senior advocate

(Kujang, Jagatsinghpur, Odisha)
 I had joined the chamber of Mr. Pranaya Parija and observed some proceedings in his
chamber. Many clients came to him to take advice relating to different disputes or matters. I
had observed the conversation and discussion between the client and the Advocate. I am
giving some facts of cases and the conversation between the client and Advocate below,

Fact of the case 1 :

Rajesh, the accused person was a resident of village Balarampur. He was married to his
wife Kabita in the year of 2020. During the year 2021 he went to Bhubaneswar. During stay
at Bhubaneswar Rajesh borrowed 30.000/- from a person named Rahul.

Later Rajesh returned back to his home. On dated 22.02.21 the deceased person
Rahul get a letter from Rajesh's wife asking the deceased person to came and receive the
money at Balarampur.

Rahul also showed that letter to his wife and left for Balarampur. On the date 24.02.21
the body of Rahul was found in the canal of Balarampur. During investigation it was
revealed that the accused had purchased a knife from Dash hardware.

After this Rajesh the accused person arrested and the charge-sheet was submitted
against him U/s 302 of IPC.

Interrogation between Advocate and client :

Advocate: What is your name and address?

Client: I am Rajesh and from Balarampur.
Advocate: What is the purpose to visit?
Client: To get suggestions and help in my case .
Advocate: What is the nature of your case and the summary or the story behind the case?
Client: I went to Bhubaneswar for a certain purpose and borrowed 30.000/- from Rahul . On
the data of 24.02.2022 police found the dead body of the person from the canal near our
village. A FIR has been made by his wife that I am the accused here and kill her husband.
Advocate: What is the purpose of borrowing the money?
Client: I need it urgently because my ATM card was stolen.
Advocate: Is that you who call Rahul to meet?
Client: Yes, but my intention to return back his money and thanks for his favor.
Advocate: Have you meet Rahul on 22.02.22 or 23.02.22?
Client: No
Advocate: Ok, then if the FIR was made under the provision of murder then it is a serious
offence and we have to file a petition for bail.
Client: Sir, I am not the accused please help me and do as you think fit.
Advocate: Have you any antecedent in this matter (any previous case relating to this)?
Client: No
Advocate: Ok get a notepad and point the things which I'm mentioning. And bring the
certificate or report which was needed and also I'm pointing out. And my fees is 5000/- .
Client: Ok sir, I don't have any issue, please take necessary steps and bring me out of this.

Documents and paper:

 Generally for any criminal case to take any step it is necessary to know the FIR,on which
provision the FIR was filed by the informant. When any person or client comes to the
advocate with any case the advocate makes a summary of the case and highlights the
necessary facts. If the client is the accused then it is necessary to the points or the
information given by the informant when filing the FIR u/s 154 of CrPC and the evidences
recorded u/s 164 of CrPc to take into consideration. After this advocate should aware about
any antecedent of the client or not, the dependance on the client etc. After that the advocate
can took necessary steps as the case requires.

Fact of the case 2 :

Prafula and Pabitra were two brothers. They are fighting for their ancestral property. They
both want to make their house separately in the same area .

One day the quarrel between the two brothers becomes serious and the are seriously
hurt by the fighting. The wife of Pabitra always comment to the wife of Prafula and the had
quarrel between them and they also want to be separated.

Due to daily quarrel and fight between the family members the decided to be separated.

Interrogation between Advocate and client :

Advocate: What is your name and address, and what is the matter for
which you are here?
Client: I am Prafula from Chatua and I want to file a civil case for
partition.
Advocate: Which kind of property is it , on which you want the partition?
Client: It is our ancestral property.
Advocate: Do you have the relevant documents?
Client: Yes, I have.
Advocate: If you want to file a civil suit for partition then you should
bring the Pata, Pauti, Aadhar card of you and your family members etc.
Client: Ok sir I have all those things I will gave it to you
Advocate: Ok if you have no issue then send me a copy of all of these,
after that I will start drafting your case. And my fees is 2000/- on this.
Client: Ok sir, I have no issue , please take necessary steps as you
think fit and and dissolve our case as soon as possible.

Documents and paper:

Where there is a civil suit for partition or injunction then the necessary
documents are like pata , pauti, naksa, aadhar cards. When a civil suit is
filed then the necessary documents are the pata , pauti, naksa, aadhar
cards of the family members. If any dispute for partition then it is needed
to make the genealogy by the advocate, because from 2005 it was made
that all the children whether it is son or daughter is eligible to claim on
his or her ancestral property. So it is the duty of the Advocate to clean it
out and mention all the parties or the members of the family in the suit.

A. RECORDING VISIT TO THE ADVOCATE'S CHAMBER: -

During my visit in Advocate's chamber, I came to know the required

documents of the chamber and also regarding preparation of the case in
day-to-day practice, I have further learned about the keeping and
arrangement of the files of the brief and also keeping the documents in
order depending upon the nature of the brief and its categorization.
I could observe the reality that the junior advocate is taking dictation
from his senior counsel regarding a service case against the government
claiming for releasing the salary of a teacher pending for a long time. It is
stated that in the same petition, I found the govt officers while inspectors
of schools have made respondents. I have further found some
necessary documents which have been attached with the petition
marked as annexures.
The petitioner stated the fact only to the Advocate. After final dictation
taken by the junior counsel with due permission of the Counsel, I took
the dictation portion of the brief. Therefore, I read the said petition and
found the case is to be filed before the Orissa State Administrative
Tribunal U/s-19 to the said act from the redressal of the grievance of the
said teacher.
After reading over and going through the petition, I have learned the
preparation of the brief i.e. the application for filling regarding service
matters. I have further gone through the original application which was
dictated to be typed out for filling.
That I further found the documents basing over which the case is made
ready, were made annexure to be filled with the original application, the
original application contains detailed subject in brief having index ahead
of the application. I understood from the subject index that the same has
been made for the better appreciation of the court concerned as well as
the counsel who will argue the matter at the time of admission, order and
hearing.

B. ON VISIT OF THE LAWYER'S CHAMBER ON DATE: -

On my visit to the chamber I came to know that after completion of

B.A.LL.B one has to join in t bar to practice under a senior Advocate to
work sincerely as per the instruction of the Senior Advocate in a case.
That a lawyer before entering into the court shall wear the uniform dress
as prescribed for a lawyer i.e. he has to wear white shirt with an
Advocate band and has to wear a black coat with black gown before
entering into the court.
On further visit i.e. on 11th day of my visit to the said chamber, I asked
the Advocate regarding preparation of court documents. As per his
direction, his junior gave me guidelines i.e. several files from which I
have learned regarding preparation of court documents required in a civil
and criminal case.
In various occasions, different types of records are necessary to proceed
with a case to achieve the goal. To prove the facts of the case relevant
records are necessary as per Indian Evidence Act, 1872 and such
records during trial when produced in the court, if such document is an
admitted document by both parties, those documents are exhibited by
the court as Exhibit numbers and those documents are called Court
Documents.
That for example, in Civil Case like the title suit over the land, the sale
deed/sale certificate, the records of right, rent receipts, receipts showing
payment of electricity, water charges, municipality charges, map of the
land are essential documents in the civil proceedings
That in a criminal case documents like letters, seizure list, medical
report, certificate from forensic departments, police reports, F.I.R,
chargesheets are becoming the relevant records for a case and
accordingly conducting Advocate can utilize such documents to prove
his case and thereby such records are becoming case records and court
documents.

C. PREPARATION OF COURT DOCUMENTS: -

In civil matters and the deed of adoption, documents like registration
deed, voter list, medical report, school certificate, letters, containing
addresses receipt showing payment of electricity, water charges, record
of rights are the necessary documents which are to be filed in the court
for establishing the proof.
At the time of trial, the conducting Advocates used to prove the authority
of the document in the court and thereafter such documents became the
exhibit in the court.
In criminal case, F.I.R, chargesheet, injury report of the police, enquiry
report of the magistrate, medical certificate, medical report, report from
forensic department, post-mortem report are the documents prepared
during the pendency of the case in the court and generally except F.I.R
of the documents are prepared for the court and after due examination of
such document, the conducting Magistrate accepts such documents as
exhibits In such case.

D. LAWYERING STYLE: -
A Lawyer is supposed to give legal advice to his client when a client
consults with him. Lawyer's usually have their own Chambers having the
library containing law books and Journals of decisions of the High Court/
Supreme Court. They used to sit in the chambers at specific hours of a
day particularly in the morning and evening. They usually prepare by
studying the case in the chamber. Junior Lawyers, Advocates, Clerks
usually help the senior Advocate in preparing the case and in filling also.
The advocate is to conduct the case in the court.

Advocacy is a profession, therefore who even any private individual, a

company or corporation, Govt. engage them in their cases. They used to
pay the Advocates their required fees.

E. DUTY TOWARDS THE CLIENT: -

The clients come with the cases in which they have grievances which
would be filled up through court as per law. As the clients are ignorant of
law, they used to take help of the advocates in conducting the case in
court. Therefore, they used to pay required fees to the Advocates.
When an Advocates receives the case from a client and also receives
his required fees from the client relating to his service in the case. It is
his duty to start the case and conduct the same at the best of his ability
and capacity to have justice for his client in ventilating the grievances of
his client, he must be sincere, honest and well versed in legal matter in
conducting cases.

F. LEGAL COUNSELING PATTERN: -

Legal means principles of rules which are made for the benefits of the
people.
Counseling means to discuss properly with guidance. Pattern means
procedure. So the legal counseling patterns mean rules guided to the
client in a proper way. There are different ways to counsel a client.
A person or client when comes to the Advocate with his problem and
wants to get legal help from the Advocate, he/she should first come to
the chamber. After that the Advocate gives the Vakalatnama to be
signed off by the client to be appointed as his Advocate. Now the client
has to follow that Advocate until his case is over. For winning a case,
both Advocate and the client have to show full interest by providing full
document which are true and speak out the whole story perfectly

G. DUTY TOWARDS THE COURT: -

Before the case is opened in the court, the Lawyer prepared his client
giving the idea what to say and what not. Then at the hearing section,
the lawyer produces all the documents of the client to the Judge. He
prepares a petition and gives to the Judge. In this was a case starts.
The advocate has to give all the Xerox petition papers and the idea of
the case in written manner signed by the client to the Judge for easy
solving of the case. The trial goes on according to the Judge and the
cross-examination time comes so here, the Advocates dut give full
support to the client by showing the documents which gives justice to the
client.

H. ADVOCATES REMUNERATION: -
As considerations for the service rendered, each Advocate is entitled to
take his/her own fee looking into the type of case. Government Advocate
appointed by the Government. Public Prosecutors are given salaries at
the end of the month from the Government. But the Private Prosecutors
takes the fees after the case is over from their client.
Interviews with the client form a part of an important stage in
proceedings. The literacy of a client is vital for an advocate. The clients
in illiteracy are not able to express the facts, though just and right in law.
It is in part of an advocate to literate the client in expressing the incidents
to ascertain the facts in order to tag them with law, though clients are
academically highly qualified but they are strangers to the system of
functioning of the courts for achieving justice by them. Only the advocate
can make aware about the system which will help the client to be
conscious.
Discussion and Interrogation between the advocate and the client
observe by me :
ADVOCATE: What is your name?
CLIENT: Shankar Lal Sharma
ADVOCATE: What is the name of your establishment?
CLIENT: M/s. Shankar Ram & Co.
ADVOCATE: Is it a manufacturing Unit?
CLIENT: Yes, it is a manufacturing unit, for manufacturing of aluminum
and steel materials.
ADVOCATE: Whether it is Proprietorship, Partnership or Company?
CLIENT: It is a Company having shareholders registered under Indian
Companies Act 1956
ADVOCATE: What kind of problem are you facing?
CLIENT: Yes, problems relating to illegal demand of Employees State
Insurance deposits
under E.S.I. Scheme
ADVOCATE: What are the orders, notices you have received for E.S.I
Corporation?
CLIENT: On 29/09/2021- Assessment order passed under Sec- 45 of
E.S.I Act by deputy Director (Revenue) E.S.I Corporation BBSR.
On 17/01/2022 letter issued by authorized officer of corporation for
recovery of demand along with interests of Rs. 93,935.00/-
ADVOCATE: What business are you conducting?
CLIENT: Manufacturing of Steel, Aluminum flat and angles, steel
windows, grills, shutters and work and other steel items for fittings.
ADVOCATE: How are you aggrieved by the order of E.S.I Corporation?
CLIENT: The illegal demand has been raised by the corporation for the
period 10/2018 to 04/2022
ADVOCATE: Whether you are maintaining Books of Accounts?
CLIENT: Yes, we maintain Cash Book, Ledger, Vouchers, Purchase
Register, Sales Register regularly by the accounts section.
ADVOCATE: Whether Insurance Inspector had visited your company?
CLIENT: I cannot say the exact date of Inspection as we are not
intimated earlier.
ADVOCATE: What is the enquiry report?
CLIENT: No enquiry report has been given to me regarding the demand.
ADVOCATE: Whether any assessment order has been passed against
you?
CLIENT: Assessment order date 2021 passed under Section-45 of the
Act.
ADVOCATE: What is the demand under E.S.I. Act 1948?
CLIENT: Settlement of demand of Rs.90,000/-
ADVOCATE: How do you deny your liabilities charged on you now?
CLIENT: I have deposited the actual contribution for the period 10/2018
to 04/2022 on the basis of my records. But the present demand is not
payable by me as it is an illegal demand and permissible under law.
ADVOCATE: What do you want in these circumstances?
CLIENT: As to the facts I want to get as to the exemption of demand on
the basis of genuineness.
ADVOCATE: So I am advising you to file a suit against this illegal
demand. And my fees is Rs.10,000/-
CLIENT: Ok sir. I don't have any issues and would follow your advice