Here’s a tailored courtroom script + behavior protocol you can actually use mid-hearing in a SARFAESI writ under Article 226 of the Constitution of India:
⚖️ 1. Opening (Shorter, tighter, interruption-proof)
“May it please Your Lordships, this petition challenges measures under the SARFAESI Act, 2002 on a short ground of lack of jurisdiction. I will make one primary submission and one without prejudice.”
👉 This signals: you’re concise → fewer interruptions
🧠2. When Bench Interrupts Immediately
Don’t resist. Absorb and redirect.
If asked: “Why are you here? Go to DRT.”
“Your Lordships are right that ordinarily the remedy lies under Section 17 of the SARFAESI Act, 2002.
However, the present case is on a jurisdictional issue, which goes to the root—hence the limited invocation of writ jurisdiction.”
👉 Tone: agree first → distinguish
⚖️ 3. Core Submission (Keep it razor sharp)
“The short issue is this: the bank could not have proceeded at all because [insert your strongest jurisdictional defect].”
Stop. Don’t elaborate immediately.
Let the Bench react.
👉 With aggressive benches, less is more
⚔️ 4. If Bench Cuts You Mid-Argument
Don’t say:
- “Please let me complete”
- “I was coming to that”
Say:
“Obliged, Your Lordships. The answer is this…”
Then respond directly.
After answering:
“If I may just complete my submission—”
👉 This regains control politely
🧠5. Handling Rapid-Fire Questions
Use a 3-step response structure:
“Yes, Your Lordships.
The position is this…
Therefore…”
Example:
“Yes, Your Lordships. The notice under Section 13(2) was issued, but it was not served in the manner required. Therefore, subsequent action stands vitiated.”
👉 Short. Structured. No panic.
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