A.Mr. Keertyman was a programme-coding expert who graduated from IIT Kanpur in 2012. After his graduation, he started providing programme coding services to people who required new applications for their online business portals. Within a short span, he successfully attracted many clients from both within and outside India. But client meetings, marketing, financial dealings were expanding too much for Mr. Keertyman to handle alone. Therefore, in 2014, he decided to turn his sole proprietorship into Partnership by entering into agreement with Mr. Narayan who was a graduate of Indian Institute of Management, Ahmedabad and an expert in handling both clientele and finances. Mr. Keertyman and Mr. Narayan entered into Partnership Agreementwith 60:40 profit sharing ratio and 30:70 loss sharing ratio. Mr. Narayan was a good partner and handled his duties very well. However, in November, 2015, Mr. Keertyman received a cryptic phone call telling him that Mr. Narayan have not given a true account of his records. Mr. Keertyman was absolutely shocked and surprised, however, he decided to go to the root of the matter. After research, he found out that Mr. Narayan provided a fake degree from IIM Ahmedabad, instead he had a degree from third grade university IIM Ahmedabad i.e. International Institute of Management. Mr. Keertyman was upset because the sole reason for entering into partnership with Mr. Narayan was that he was graduate from Indian Institute of Management, Ahmedabad.

In March, 2016, Mr. Keertyman decided to end the partnership on ground that agreement was entered via fraud connived by Mr. Narayan. On the other hand, Mr. Narayna explained that he never lied to Mr. Keertyman and by IIM Ahmedabad, he always meant International Institute of Management. Additionally, he has discharged all other duties under Partnership Agreement very well.

a)Explain, in light of above facts, if the agreement is valid, void or voidable.

After, two years, in 2017, Mr. Keertyman had expanded his operations extensively. He had nine other partners in the Limited Liability Partnership named 'Keertyman and Associates LLP.' At this stage, he wanted to expand his international operations more. He also wanted to add more services within India. In addition to application making, he also provided services like online advertising, company in-house portals etc. However, he realized that LLP would not be able to carry out all these agendas and the need more stakeholder. Therefore Mr. Keertyman along with 9 other partners ended their LLP and became promoters to incorporate new company called Keertyman Services Pvt Ltd. Before incorporation, the promoters took loans from financial banks for company's expansion and Mr. Keertyman along with two other promoters signed the loan agreement. After incorporation the company refused to pay back loan on ground that it was not in existence at the time.

b)In light of the above facts, explain if the company is liable to pay back the loan to financial bank.

Till 2020, the company operations expanded at a large scale. Now, 'Keertyman Services Ltd.' provided application making services. And 'Keertyman IT-Hand Ltd.' provided services like online advertisement, in-house portals etc. This company is a 100% subsidiary of 'Keertyman Services Ltd.'

Keertyman Services Ltd. was running into losses and in dire need of funds. But RBI does not allow Keertyman IT Hand Ltd. to invest more than 25% of its revenues into Keertyman Services Ltd.

c)Suggest the procedure to be undertaken by Keertyman Sevrices Ltd. and factors responsible.

B.Indian Railways is the sole provider of railway services in India. In 2019, it issued a tender inviting application for supply of railway coach seats. There were several coach seat makers in the market; and all of them were mostly small scale. After the bids, the tender was issued to 'Comfy Seat Manufacturer Pvt. Ltd.' Other bidders filed complaint before CCI against Comfy Seat Manufacturer Pvt. Ltd.and two others alleging they have formed Cartel and have made collusive bidding.

a)Explain how will CCI approach this application under Competition Act, 2002?

In December, 2019, Indian Railways hiked prices of train tickets by 30%. Two consumers filed a complained before CCI alleging abuse of dominant position by the Indian Railways.

b)Explain how will CCI approach this application under Competition Act, 2002?

10 Marks (5+5)

C.In India, P&G's Head and Shoulder became a widely renowned shampoo product. People found this product to be economical, efficient and of good quality. P&G came to notice of another shampoo in the market. P&G needs advice if they can sue this other shampoo maker and get permanent injunction against them for selling that product.

a)Which type of intellectual property rights is shown in the picture? And how do you seek its protection in India?

b)Look at the image and explain factual and legal grounds on which P&G can sue this other shampoo maker.

c)Satya started a small-scale business of selling furniture. Gradually, his business revenues grew; and he decided to capture the international markets by selling furniture online through internet. He decided to enter into a Vendor Agreement with New-Bay Inc (an e-shopping portal registered in USA). He has to negotiate the dispute resolution clause with New-Bay Inc. Satya and New Bay Inc negotiated the following clause:

'.. Both the parties shall first refer the dispute to conciliation. Conciliator shall be a third independent party of any nationality mutually appointed by both parties. In case of failure of conciliation, the dispute shall be referred to mediation before Delhi High Court Mediation Center. In case of failure of mediation, the dispute shall be referred to arbitration in India. The parties will appoint sole arbitrator mutually appointed by both the parties. The governing law of agreement shall be Indian law.'

Later on, dispute arose between Satya and New-Bay regarding payment of facilitation fees.

a)Suppose parties reached a settlement at conciliation stage. Would this settlement be binding and enforceable? Explain.

b)Suppose the parties are at mediation stage, the mediator reached a judgement of his own and made parties sign a settlement agreement? Is this correct?

c)At arbitration stage, Satya filed suit before Delhi High Court by alleging that New-Bay induced this contract through misrepresentation of its financial accounts. Would the arbitration agreement would still be valid and why?