⚖️ MOCK HEARING – AGGRESSIVE BENCH (SARFAESI WRIT)

🎯 Scenario

• You are challenging possession action
• Bench is skeptical (alternate remedy)
• Opposing counsel is interrupting

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🧑‍⚖️ ROUND 1: Immediate Pushback

Bench:

“Why are you here under writ? Go to DRT.”

❌ Weak Response:

• “DRT is not effective…”
• “We prefer writ jurisdiction…”

✔️ Strong Response:

“Your Lordships are correct that ordinarily the remedy lies under Section 17 of the SARFAESI Act, 2002.
However, the present case is on a short jurisdictional issue—namely, that the bank could not have proceeded at all. Hence, this limited invocation under Article 226 of the Constitution of India.”

👉 Calm agreement + narrow exception

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🧑‍⚖️ ROUND 2: Bench Cuts You Midway

Bench:

“All this you can argue before DRT.”

✔️ Response:

“Obliged, Your Lordships. The distinction here is that the issue goes to the root of jurisdiction, not mere procedural irregularity.”

👉 One line. No argument.

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🧑‍⚖️ ROUND 3: Rapid-Fire Question

Bench:

“Was notice under Section 13(2) issued or not?”

✔️ Response:

“Yes, Your Lordships, a notice was issued. However, it was not served in accordance with law, and therefore the subsequent action stands vitiated.”

👉 Direct answer first → then qualification

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🧑‍⚖️ ROUND 4: Opposing Counsel Interrupts

Opponent:

“This is completely incorrect—service was duly effected!”

❌ Wrong move:

• Arguing directly with counsel

✔️ Correct Response:

“Your Lordships, I will address that. The record would show that there is no valid proof of service in terms of the Rules.”

👉 Always route through Bench

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🧑‍⚖️ ROUND 5: Bench Sounds Unconvinced

Bench:

“We are not inclined to entertain this.”

✔️ Strategic Pivot:

“Without prejudice, if Your Lordships are not inclined to entertain the writ, the petitioner may be granted liberty to approach the DRT under Section 17, with limited interim protection.”

👉 You shift before dismissal

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🧑‍⚖️ ROUND 6: Bench Tests You

Bench:

“What protection do you want?”

✔️ Response:

“Only a limited protection, Your Lordships—restraining coercive steps for a short period, so that the petitioner may approach the DRT.”

👉 Keep it reasonable

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🧑‍⚖️ ROUND 7: Bench Presses on Delay

Bench:

“Why didn’t you go to DRT earlier?”

✔️ Response:

“The petitioner approached this Hon’ble Court at the earliest opportunity upon becoming aware of the jurisdictional defect.”

👉 Never admit delay casually

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🧑‍⚖️ ROUND 8: Bench Asks for Bottom Line

Bench:

“What is your strongest point?”

✔️ Response:

“The short point, Your Lordships, is that the bank lacked jurisdiction to initiate proceedings in the present facts.”

👉 Always reduce to ONE line

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🧑‍⚖️ ROUND 9: Chaotic Court (Multiple Interruptions)

Your Lifeline Line:

“My primary submission is confined to jurisdiction…”

👉 Repeat calmly whenever needed

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🧠 How to Practice This Effectively

• Speak answers out loud, not silently
• Keep each response under 10–12 seconds
• Practice staying calm even when imagining interruptions

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⚠️ What This Training Fixes

• Over-explaining
• Getting flustered under questioning
• Losing structure mid-argument

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✔️ Final Courtroom Anchor

“Answer first. Explain briefly. Return to structure.”