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KAC

Dr. B. R. Ambedkar Law College


AN ISO 9001-2015 CERTIFIED INSTITUTION

KAKA VENKATSWAMY MEMORIAL


NATIONAL MOOT COURT
COMPETITION 2024
On
July 26th & 27th, 2024

In Collabora�on with
Finnlex LLP
info@finnlex.com
Mr. P.V.Ramchandra Rao Dr. D. Srujana
Vice-Principal Principal, DBRALC
Faculty Coordinator Convenor of the Program
9966390377 Mrs. M. Varalakshmi 9885026759
Faculty Coordinator
9849063483

Tarun Teja Md Zohaib Ali Hyder Y. Nikitha


Student Coordinator Student Coordinator Student Coordinator Student Coordinator
916304048134 6304202819 6281698194 8247072860
About College

Late Kaka G. Venkatswamy, Founder Chairman

Founder and Chairman of Dr. B. R. Ambedkar Educational Institutions was the visionary
behind setting up of these group of establishments. With an analytical mind, infinite capacity
for work, and a knack for human relations, he also functioned as a veteran Congress leader
and Ex-Union minister for the Government of India.

Started in 1973, Dr B R Ambedkar Educational Society was inaugurated by the then Hon.
President of India late Sri V. V. Giri. The vision behind the setting up of the group of
institutions is deeply rooted in Kaka’s beliefs in Dr Bhim Rao Ambedkar’s ideologies.

The establishment was later converted to a Public Education Trust that aims to provide
non-commercial, quality education to the underprivileged children, particularly to those from
communities deemed as minorities by the Government of India. He was associated with the
Trust as Chairman until the leader breathed his last. Till date, more than 1,00,000 students are
the benefactors of these institutions, who now serve the nation in valued capacities like the
administrative, law enforcement, Judiciary, Legal Fraternity, health, engineering and politics,
among others. His dreams are much cherished and continue to propel us to realize the goals
of our organisation.

Established in the year 1991, Dr. B. R. Ambedkar Law College has a strength of 1200 students
studying their 3-year and 5-year law courses, 2 year LLM course. Regular Moot Court sessions,
court visits, Legal Competitions guest lectures and various other skill based student welfare
activities are organised.

Dr. B R Ambedkar Law College offers LL.B 3 year course and B.A, L.LB 5 years course. The
college also offers 2 years LLM a post graduate course with Labour and Employment Law and
Constitutional Law as Specilization.
About
Finnlex LLP

Our earnest desire is to make this group a think tank to deliberate on consumer issues and
represent consumer aspirations to the respective governments.

FINNLEX Law LLP is a full-service law firm and corporate management consultant with a
multi-disciplinary team. The firm’s team has extensive global experience, expertise, and
knowledge.

FINNLEX Law LLP is committed to delivering effective, cost-efficient, and tailored solutions
for all legal and enterprise-related issues on a global scale. The firm’s services encompass
end-to-end enterprise setup, enterprise management, advisory, accounting, auditing,
banking, legal, and all corporate and commercial law-related services, with round-the-clock
support.

FINNLEX Law LLP isn’t just your one-stop shop for corporate and commercial legal expertise;
we’re also a champion for consumer advocacy, ensuring big brands operate with
transparency,
fairness, and respect for customer rights.
Our multi-disciplinary team, armed with global experience and in-depth knowledg
RULES AND REGULATIONS
DRESS CODE:
Inside the court room the participant shall follow the below mentioned dress code.
Male: Black suit and white shirt with a Black tie, Black buttoned-up coat over a pant.
Female: Saree, Salwar Suit or any other dress of a sober colour (Preferably White) with a Black
Blazer.

REGISTRATION :
Students must register on or before 10th July 2024 after
making payment of 2000 rupees
SBI Nallakunta Branch Hyderabad.
A/c No. 62338096583
to the IFSC CODE SBIN0020083 and fillup the Google
h�ps://forms.gle/113nSRMqTX7hoYg7A
UPI ID: AMBEDKARLAW@SBI

Send your Memorials by July 15th, 2024 to the mail ID:


kakasna�[email protected]
Last Date for Registration : 10th July 2024
Last Date for Submission of Memorial - 15th July 2024
Five marks per day will be reduced for the team submitting memorials after 15th July 2024. Please
find problem at the end of the Brochure note that Submission must be made to two problems on
Petitioner and Respondent side.
Submissions of Memorial must contain clear mention of sides and must be neatly typed in Times
New Roman 14 size with 1.5 line spacing.
Evaluation of citations will be as per Blue Book 21st Edition.
Accommodation will be provided for Non-local participants.
The second moot problem will be shared on 20th July, 2024.

ELIGIBILITY :
The competition is open for students who are studying LLB three year or five-year course during
the current academic year

TEAM COMPOSITION AND ELIGIBILITY CRITERIA:


 Each team shall comprise of two (2) members + (1) Researcher.
 Each Institution only one team is allowed to Participate.
 Arguments shall be in English only.
 Members & Students of the Organiser are not allowed to participate in this event..
 Team should not disclose their identity in course of proceedings in the court rooms; such
Disclosure shall invite penalties including disqualification.
 Each team shall be provided with the team code by draw of lots.

Note: There is no provisions for teams regarding cancellation of registration as well as refund of
registration fees.
Awards / Prizes
Winner's Team : Rs/- 15,000
Runner's Team : Rs/- 10,000
BEST MEMORIAL : Rs/- 5,000

Certificates will be provided to all the participants, the


Winners shall be awarded a separate Certificate.

Accommodation: Accommodation will be provided for the


Non-local participants
MOOT COURT PROBLEM
(Nijayathi Rao v Union of Utopia and Ors.)

For Preliminary Rund

Nijayathi Rao is one of the pioneers of micro finance business in the state of Snow Land, a
province in the Union of Utopia. He started his business in the year of 1984 and with the
advent of liberalization, Privatization and Globalization, he started Diksuchi Finance Private
Limited (‘Diksuchi) in 1994. Diksuchi is an NBFC as per the Reserve Bank of Utopia’s regulatory
regime. It is into the business of accepting deposits and given loan on those deposits to its
registered customers. Nijayathi Rao and three of his family members are the directors of
Diksuchi since its inception. Neeti, a firm of chartered accountants, acts as the auditor of
Diksochi. It is an open secret that the founder of Neeti, Dharma Rao, is a close friend Nijayathi
Rao.

Temporal Finance Ltd (‘Temporal’) is fintech unicorn that garnered lot of market attention
since its listing on the Utopian Stock Exchange (USE) in 2019. Temporal is always on the look
out for avenues to expand. Temporal started negotiations with Nijayathi Rao for the
acquisition of Diksuchi in 2020. The deal discussions survived Covid-19 pandemic and had
due diligence related activities taken up till late 2022. In April 2023, Temporal announced
that it had successfully acquired Diksuchi at an undisclosed sum.

Post the announcement, the rigorous process of transfer of management took place. The first
action that Temporal taken is to have a proper audit of Diksuchi to be done so that the report
be placed in its upcoming AGM. During the audit certain irregularities were noticed and the
corner offices of Temporal furiously rushed into action to save their faces. Many rounds of
communications with Nijayathi Rao, Diksuchi, Neeti and Dharma Rao brought out information
that sent chills down the spines of the management of Temporal. It was found that many a
times funds from deposits were diverted a capital related investments of various venture of
Nijayathi Rao. Siphoning funds was the norm in many cases. The loans were either given at
near zero rates or transferred to loss making accounts, in some cases loans written off
without appropriate rationale. Temporal wrote a detailed report to RoC and SFIO. In October
2023, SFIO sprung into action and started investigating the past affairs of Diksuchi.

In the meantime, Pulla Rao, an employee in the accounts department of Temporal wrote a
letter to RBU citing the malpractices of Diksuchi during September 2023. RBU sought
information from Temporal of the affairs of Diksuchi and ordered that books of account and
other records are to be made available for inspection by RBU officials scheduled during the
first week of October, 2023. During the inspection, the RBU officials made copies of the
relevant records and launched a probe. RBU filed necessary information with Utopian
Central Bureau of Investigation (UCBI). The Economic Offences Wing of CBI ventured to
register a FIR under Utopian Penal Code (UPC) and Prevention of Corruption Act (PCA)
against Nijayathi Rao and other.

In December 2023, SFIO seized all the records of Diksuchi and started framing charges
against the people involved. Notices of SFIO, RBU and UCBI were sent to Nijayathi Rao and
others.

Nijayathi Rao moved the Supreme Court of Utopia through a writ petition challenging the
actions of SFIO, RBU and UCBI. His averments are centred on the exclusive jurisdiction of
SFIO under Companies Act, 2013, impropriety of charges under PCA against a private
company’s former director. The court admitted the petition and posted in for arguments in
May 2024.

The following issues are raised before the court:


1. Whether the writ petition maintainable?
2. Whether SFIO*, RBU** and other authorities carry on parallel investigations?
3. Whether charges can be framed under PCA against a director of a private company?
(Laws of Utopia are pari materia to Laws of India)

* Serious Fraud Investigation Office


** Reserve Bank of Utopia
KAC
Dr. B. R. Ambedkar Law College
AN ISO 9001-2015 CERTIFIED INSTITUTION
# 1-8-1, Baghlingampally, Hyderabad - 500 044.

Road to Baghlingampally

RTC ‘X’ Roads VST ‘X’ Roads


Dr. B. R. Ambedkar Law College
Baghlingampally

Narayanaguda flyover Road Barkathpura Chourasta

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