Do you go to court fully prepared ?
It was a long day, today at NCLAT in the matter of Satish Chand Verma vs Grand Reality Pvt Ltd.An appeal is preferred by the suspended Director against the order of Honable NCLT, which has ordered insolvency in an application moved by home buyers for Project named Marvel Fera, at Pune.The project was to be jointly developed by Grand Reality, Marvel Homes and Pax Homes. But they have failed to give possession of the flats even after delay of three years and thus NCLT ordered CIRP in the matter.The company in its appeal has relied on devoplment agreement instead of Sale agreement with the home buyers.It's going to be an interesting argument at the Principal Bench of NCALT vis a vis development agreement vs sale agreement .Apart from main petition another IA was also filed by Pax Homes. The matter came up for hearing in late evening.The appellant wanted stay on CIRP and insisted for interim relief. We opposed it and insisted for argument on the merit.The court saw merit in our submission and refused to give stay. The next day of hearing is 03 May, 23.I was not prepared for argument as it was first date after filling the reply but looking at preparation of the appellant it seemed to me they would press for argument.The scene was changing in court room every second. The appellants were represented by none other than likes Ex Chief Justice of State, Ex President, CAT and many senior designate.The matter was even mentioned before bench for urgent hearing. So, taking no chance I also decided to be ready for final argument and within no time was ready to argue the matter.That's the life of an Advocate that many a times it happens that one is asked to argue the matter out of blue.It has happened with me earlier also in the court of Chief Justice of India, D Y Chandrachud so it was nothing new. I sat down there only in the hall and it took me 30 minutes to preapare my case for final arguments against a battery of senior and seasoned lawyers.While you are pitted against some of best legal brains of India, you also learn a lot from them that how to argue in such trying circumstances, when stacks are very high.Dr. Ajay Kummar Pandey
( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )Advocate & Consultant, Supreme Court of India & High Courts4C Supreme Law International, Delhi, NCR. Mumbai & DubaiTel: M- 91- 9818320572. Email: editor.kumar@gmail.comWebsite: www.ajaykr.com, www.4Csupremelawint.com
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