KIRIT P.

MEHTA SCHOOL OF LAW, MUMBAI

INTERNSHIP REPORT
AND
INTERNSHIP CERTIFICATE

IN COMPLIANCE TO THE PARTAIL FULFILLMENT OF THE MARKING SCHEME, FOR YEAR V OF 2021-
2022, WITH RESPECT TO INTERNSHIP ASSESSMENT

SUBMITTED TO :- SUBMITTED BY:-

NAME-
YEAR-
Branch with Hons.
Received by……………….

On date ……………... Time……..

 TABLE OF CONTENTS

DECLARATION OF ORIGINALITY ........................................................................................

ACKNOWLEDGMENT..............................................................................................................

SUMMARY .................................................................................................................................

LIST OF ABBREVIATIONS ......................................................................................................

LIST OF LAWS ...........................................................................................................................

DISCRIPTION OF THE INTERNSHIP FIRM ...........................................................................

AN OVERVIEW OF THE INTERNSHIP WORK .....................................................................

LEARNING AND SHARING OF EXPERIENCES ...................................................................

ANY SIGNIFICANT CASE STUDIES ......................................................................................

CONCLUSION ............................................................................................................................

ANNEXURE A ............................................................................................................................

ANNEXURE B………………………………………………………………………………....
 DECLARATION OF ORIGINALITY OF WORK

I hereby declare that this internship report contains original work done by me during the
course of my internship under ……………….from ………………to………………..

This work has been completed in accordance with the academic rules and guidelines will
keeping in mind the ethical conduct.

I further declare that this report has not been and will not be submitted, either in part or in
full, for use by any other student or to any other university or institute.

Signature by:

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 ACKNOWLEDGEMENT

The completion of this internship would not have been possible without the opportunity given
to me by Name of the senior/ institutional head. I consider myself as a very fortunate to be
able to learn under her guidance and not just gain knowledge, for which I am grateful but also
practical exposure.

I would also to offer my gratitude to NMIMS Kirit P. Mehta School of Law for giving me the
opportunity to explore their field in law and take time out to focus on gaining practical
knowledge. Without their constant help and guidance, this would not have been possible.

Further, I would like to thank my parents who have always supported me in my endeavours
and without whom all this would not have been possible. Their constant encouragement has
given me great strength to pursue my dream of becoming a successful lawyer. For this, any
expression of thanks cannot not suffice.

This internship is a stepping stone to the success I wish to achieve in my career. I will strive
to use gained skills and knowledge in the best possible way, and I will continue to work on
their improvement, in order to attain desired career objectives.

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 SUMMARY

The internship conducted from ……………...to ………………under the guidance

of…………... He/She is …………………who deals in matters pertaining to various fields in
law such as……………….

YOUR AREA OF FOCUS: During this internship, I mainly focused on researching various
cases and legislations. I also summarized certain cases which would be useful in the future.
Further, I helped with drafting certain legal documents such as a LOI, legal notices, etc. I was
also required to assist in filingof a plaint and a written statement.

……………….also ensured that I got the opportunity to visit the courts and get exposure in
practical aspect of practicing law. Researching on provisions of the legislations has helped
me to understand the interpretations of those provisions.

(THE SUMMARY SHOULD NOT EXCEED MORE THAT 300 WORDS.)

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 LIST OF ABBREVIATIONS

 IPC: Indian Penal Code

 CPC: Civil Procedure Code
 I & B: Insolvency and Bankruptcy
 HC: High Court
 SC: Supreme Court
 AIR: All India Report
 RERA: Real Estate Regulatory Authority
 Sec: Section
 Adv. Advocate
 LOI: Letter of Intent
 Annex: Annexure……………….

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 LIST OF LAWS

Sr. No. Section No. Legislation

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 DESCRIPTION OF INTERNSHIP FIRM

( Description should not exceed more than 200 words)

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 AN OVERVIEW OF THE INTERNSHIP WORK

Example of how a “Daily report” has to be maintained by the student, which the student has to
compile and present as a weekly report in accordance with the period of internship done by
him/her.

WEEK 1

Date: 12th November 2018 to 17th November 2018

 Conducted research on disallowance of administrative expenses under Section 14A of

the Income Tax Act, 1961 and cases pertaining to the same.
 Conducted research on Sec 5 of the Public Premises (Eviction of Unauthorized Occupants)
Act 1971 this section deals with unauthorized occupation. While conducting the research
special focus was to be given to the circumstances which led to an unauthorized
occupation.
 Assisted in compilation of a plaint. This required ensuring that all the affidavits along with
the exhibits have been attached. It also required proof reading the documents to ensure that
there are no mistakes before the plaint was filed.
 Attended a session in the Supreme Court with respect to damages caused due to
negligence..etc

WEEK 2

Date: 19th November 2018 to 24th November 2018

WEEK 3

Date: 26th November 2018 to 1st December 2018….

WEEK 4

Date: 3rd December 2018 to 8th December 2018

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 LEARNING AND SHARING OF EXPERIENCES

 Researching on unauthorised occupation helped to understand the difference between

authorise and unauthorised occupation and the circumstances under which an
authorised occupation can become an unauthorised occupation.
 Amarsingh Munnasingh Suryawanshi v. State of Maharashtra case dealt with
conviction with the help of dying declaration. Drafting a summary of the case helped
to understand the evidentiary value of a dying declaration and how it alone cannot
used to convict a person. It must be supported by other evidences.
 Compilation of a Plaint in a commercial suit helped to understand the structure of a
plaint and its contents.
 Anand Kumar v. State of Madhya Pradesh case was with respect to a dying
declaration made by a woman who killed herself due to the mental abuse she was
made to face by her in-laws. Drafting a summary on the case helped to explain the
concept of dying declaration and its admissibility in court.
 Attending sessions in the Supreme Court helped to understand the mannerism used in
court and formalities required to get an adjournment.
 Researching on filing of a summary suit required reading the section of the Civil
Procedure Code and listing down the procedure in a stepwise format. It helped to
understand the procedure in detail. Further, it will also prove to be useful in future
when dealing with the case regarding a summary suit.
 Drafting various legal notices helped to enhance the legal skills and utilise what was
taught in college in a practical manner.
 Researching on the polluter pay principle in environment law provided an
understanding of the concept with the help of cases such as Vellore Citizen’s Welfare
Forum v. Union of India. The concept basically means that the person(s) responsible
for the damage to the environment must be held liable and accountable.
 Researching on the promoter’s liability for any defect in quality of the project helped
to understand that the promoter is liable for any defect for a period of five years to the
buyers from date of handing over of possession as per the provision of Sec. 14(3) of
RERA.

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 Researching various case laws relating to non-payment of salary during the course of
employment helped to not just enhance the research skills learnt in past internships
but also provided an opportunity to learn to summarise cases better. It further helped
to be able to focus on reading lengthy case laws.
 Attending a client meeting helped to understand how to proceed with a meeting with
the client. A short minutes of the meetings had to be made and submitted regarding
the same.
 Researching on attachment of property helped in understanding the nature of Order 38
Rule 5 of the Civil Procedure Code. Further, it also helped in understanding the
various facets of attaching an already encumbered property before judgment

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 ANY SIGNIFICANT CASE STUDIES

Bhatia International v. Bulk Trading (2002) 4 SCC 105

The facts of the Bhatia case are that the parties to an international contract had decided to
arbitrate their dispute according to the rules of arbitration in Paris, with a sole arbitrator. As
the foreign party wanted to ensure the recovery of its claim from the Indian party in the case
of a favourable award, it moved an Indian court for interim measures securing the property of
the Indian party. The Indian party raised objection to the submitted application on the ground
that the arbitration under consideration was taking place in Paris, and the New York
Convention provides no provision for interim measure being granted by a court other than
one in which the arbitration is taking place.

However, the High Court rejected the argument. Thereafter, the Indian party
approached the Supreme Court, which upheld the judgment of the High Court. In crux, it was
held by a three judge bench of the Supreme Court unanimously that Part I of the Arbitration
and Conciliation Act, 1996, which gives effect to the UNCITRAL Model Law and which
moreover bestows power on the Court to grant interim measures apply even to international
commercial arbitrations being held outside India.

This case was overruled by the Bharat Aluminium v. Kaiser Aluminium Technical
Services wherein it was held that:
 Part I of the Act would have no applicability to International Commercial Arbitration
held outside India
 Part I of the Act shall apply to all arbitrations which take place only within India
 There can be no overlapping or intermingling of the provisions contained in Part I
with that in Part II of the Act
 In a foreign seated international commercial arbitration, no application for interim
relief would be maintainable under any provision, as applicability of Part I is
restricted to all arbitrations which take place within India only
 No suit for interim injunction would be maintainable in India, when the seat of
arbitration is outside India

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 As Part I would have no applicability to international commercial arbitration held
outside India, the arbitral awards will be subject to the jurisdiction of Indian courts
when the same are sought to be enforced in accordance with Part II of the Act.

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 Institute of Chartered Accountants v. Shaunak H. Satya (2011) 8 SCC 781

In this case an RTI application was filed regarding the instructions given to examiners and
the solutions to the question paper.

The court held that:

 Question papers, solutions to them and instructions within are intellectual property.
 Paper setters and authors are the first owners
 Furnishing of information by an examining body, in response to an RTI query may
not be termed as a copyright infringement but this is only after the examination has
been conducted and once the evaluation of the answer booklets has been done as it
will not cause harm to anybody.

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 CONCLUSION

Conclusion of the report should not exceed more than 300 words, be precise while writing the
concluding part.

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 ANNEXTURE A

PROCEDURE FOR LIQUIDATION

Section 59 of the Insolvency and Bankruptcy Code, 2016 along with the Insolvency and
Bankruptcy Board of India (Voluntary Liquidation) Regulations, 2017

1. Company 6must not have defaulted.

2. Declaration made by majority of Directors along with
 Affidavit: stating that the company has not defaulted or liquidation will pay
off debts and that it is not being done to defraud anyone.
 Documents: Audited Financial Statements (of Previous 2 years) and Asset
valuation by a registered valuer.
3. Within 4 weeks of the Declaration:
3 1 Special Resolution of members in general meeting and liquidator must be
appointed
OR
3 2 A resolution in general meeting for voluntary liquidation due to either expiry
of the prefixed duration of the corporate person or occurrence of a contingent
event (both must be part of the articles) and appointment of Liquidator.
4. In case of debt: Within 7 days from such resolutions, creditors representing two-thirds
in value of the debt of the corporate person shall approve the resolution.
5. Within 7 days from the resolution or the creditors’ approval, the ROC and the Board
must be notified.

NOTE: Process of liquidation commences on the date of resolution

6. Liquidator will:
 Reports:

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Section 3(7), I&B Code, 2016: "corporate person" means a company as defined in clause (20) of section 2 of
the Companies Act, 2013, a limited liability partnership, as defined in clause (n) of sub-section (1) of section 2
of the Limited Liability Partnership Act, 2008, or any other person incorporated with limited liability under any
law for the time being in force but shall not include any financial service provider

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 i. Preliminary Report Within 45 days from the date of commencement
and will contain the capital structure, assets and liabilities and proposed
plan of action along with estimated costs
ii. Annual Status Report
iii. Minutes of consultation with stakeholder
iv. Final Report
 Make a public announcement: within 5 days from her appointment and in the
announcement she will call for the claims of the stakeholders. The last date for
making such claim shall be within 30 days from the commencement date.
Such public announcement shall be published in the Official Gazette, in
English and in a regional newspaper having wide circulation, on the website of
the corporate person.
 Approve or reject claims: It is necessary for the stakeholder must have
sufficient proof of the claim of debt. Furthermore, claims will be in Indian
currency. If it’s a foreign debt, it will be converted. The liquidator shall verify
the claims submitted within thirty days from the last date for receipt of claims
and may either admit or reject the claim, in whole or in part.
 Will value and sell the assets in the manner and mode approved by the
corporate person.
 Open a separate Bank Account in the name of the corporate person followed
by the words ‘in voluntary liquidation’
 Shall distribute the proceeds within 6 months from realization within six
months from the receipt of the amount to the stakeholders after deducting the
liquidation costs
7. Process should ideally be completed within a period of 12 months from the date of
commencement. If the procedure takes more than 12 months then liquidator:
i. Will hold a meeting with the contributors within 15 days from the end of the
twelve months
ii. Present Annual Report stating the progress of the liquidation at the end of
every 12 months.

8. Final Report, at the completion of the liquidation procedure, is made by the

liquidator and will contain:

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 i. Audited accounts of liquidation
ii. Statements of:
 the assets of the corporate person has been disposed of;
 the debt of the corporate person has been discharged to the satisfaction of the
creditors;
 no litigation is pending against the corporate person or sufficient provision has
been made to meet the obligations arising from any pending litigation.
iii. Sale statement of:
 Realised Value
 Cost of realization
 Manner and Mode
 an explanation for the shortfall, if Value Realised < Value assigned
 Persons to whom sale is made
 Other details

Final Report is submitted to:

i. ROC and the Board

ii. Adjudicating Authority (NCLT)

Passes an Order of liquidation

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 Instructions to be followed

 Please note that this attachment is only for your reference purpose, it should not be
used in any other way
 Please abide by the word limits as in where provided.
 Please have a practice of writing a daily report so that you can your daily important
points and make a weekly report.
 The no. of week depends on the tenure of your internship
 The font to be used- Times New Roman.
 Size- 14 for the head notes and 12 for the body
 Every student has to submit their internship certificates stitched in one PDF
chronologically as per the month and year of completion.
 The internship report & certificate collection carries 100 Marks so please be very
careful on the same.

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