BEFORE THE HON’BLE TRIBUNAL COMPRISING OF

SOLE ARBITRATOR MR. SAIYAD URAJ ABBAS, ADVOCATE

CASE FILE REF. NO. XXXX/03-21.

IN THE MATTER OF:-

XXXXXXXXXXXX                         : CLAIMANT

VERSUS

XXXXXXXXXXXX. & ORS. :RESPONDENTS

D.O.H.:-______ 2024

REPLY ON BEHALF OF THE CLAIMANT TO THE COUNTER CLAIM FILED BY THE RESPONDENT.

MOST RESPECTFULLY SHOWETH :-

PRELIMINARY OBJECTIONS/SUBMISSIONS:-

1.       That the allegations, submissions, contentions in the counter claim raised by the respondent are untenable, false, bogus and are denied. No sums are due and owing to the respondent as claimed or otherwise. The respondent is obfuscating issues to mischievously avoid their liabilities.

2.       That the Counter Claim raised by the Respondent in the present proceedings is without any merit, an afterthought and has been raised as a counter blast to the Claim Petition filed by the Claimant. It is a matter of fact that no such Counter Claim was ever raised prior to the present proceedings by the Respondent against the Claimant. The same deserves to be rejected on this ground alone.

3.       That the present counter claim is barred by limitation. It is himself admitted that they vacated the schedule property on XXXXXXX and since then the Respondent failed to claim or raised any demand of refund and surprisingly Respondent now on XXXXXX filed the counter claim which is time barred and beyond the limitation period of three years under Limitation Act. Hence, the present counter claim is liable to be dismissed with exemplary costs.

4.       It is stated that the counter claim has been raised completely in contravention of the legal provisions required to be followed for raising such a claim and the same is also against the relevant provisions of the Contract. Any claim raised by the Respondent under this provision of the Contract is liable to be rejected on this ground alone.

REPLY ON MERITS:-

1.       That the contents of para 1 of the counter claim are wrong an denied. It is denied that in this Counter Claim, the Respondent / Counter - Claimant is using the same terminology as mentioned in the Statement of Claim and Statement of Defence, in order to avoid any confusion and to maintain consistent during the process of adjudication of the Statement of Claim and the Counter claim. It is submitted that the present counter claim not signed and filed by the competent person of the respondent company.

2.       That the contents of para 2 of the counter claim are matter of record, hence need no reply.

3.       That the contents of para 3 of the counter claim are absolutely wrong, incorrect and reiterated, hence specifically denied. It is denied that the Respondent was using the Scheduled Property till XXXX, during XXXXX, number of Covid-19 cases started coming across the globe and  during XXXX, the disease reached alarming levels of spread and severity and therefore W.H.O. declared the same as pandemic. It is further denied that the governmental restrictions remained for several months; therefore, the Respondent was no longer able to use the Scheduled Property in the purpose or manner envisaged under the Lease Deed.

4.       That the contents of para 4 of the counter claim are absolutely wrong, incorrect and reiterated, hence specifically denied. It is denied that the Respondent terminated the Lease Deed by issuing Termination Notice dated XXXXX invoking Clause 26 of the Lease Deed and the Respondent vacated the Scheduled Property on XXXXX itself.

5.       That the contents of para 5 of the counter claim are absolutely wrong, incorrect and reiterated, hence specifically denied. It is denied that the Respondent vacated the schedule property on XXXXX itself. It is further denied that the claimant has been enjoying the possession and exclusive control of the schedule property from XXXXX onwards. It is further denied that since termination of Lease Deed, the Respondent has requested the Claimant to return the Security Deposit of Rs.XXXX/- which the Claimant is illegally holding to itself and is liable to refund to the Respondent. It is further denied that despite repeated reminders, the claimant has not returned the security deposit. Any allegation to the contrary being raised by the Respondent is totally false and incorrect.

6.       That the contents of para 6 of the counter claim are absolutely wrong, incorrect and reiterated, hence specifically denied. It is denied that the Claimant has initiated the arbitral proceedings merely as a counter blast to lawful demands to refund of Security Deposit made by the Respondent. Any allegation to the contrary being raised by the Respondent is totally false and incorrect.

7.       That the contents of para 7 of the counter claim are absolutely wrong, incorrect and reiterated, hence specifically denied. It is denied that the Respondent / Counter Claimant has suffered huge losses due to the arbitrary and unlawful actions on part of the Claimant. Rest of the contents are wrong, denied and incorrect.  The contents of this para have got no relevance to the counter claim. The failure of the Respondent to pay the damages to the Claimant are a subject matter of the claims raised by it before the Hon'ble Arbitrator and are required to be paid by the Respondent.

8.       That the contents of para 8 of the counter claim are absolutely wrong, incorrect and reiterated, hence specifically denied.

9.       That the contents of para 9 of the counter claim are absolutely wrong, incorrect and reiterated, hence specifically denied. The present counter claim is time barred under the Limitation Act.

10.     That the contents of para 10 of the counter claim is legal para, hence, need no reply.

It is submitted that the respondent is not entitled to get any relief by way counter claim from the Hon’ble Sole Arbitrator.

Prayer clause along sub-paras of the counter claim are absolutely wrong and specifically denied. The respondent is not entitled to the relief claimed for.

P R A Y E R :-

It is most respectfully prayed that the Hon'ble Arbitrator may be pleased to award the claims raised by the Claimant in the Claim Petition filed by him. Further, the Hon'ble Tribunal is requested to reject the counter claim in its entirety, which has been raised by the Respondent in its Counter Claim. The above award may be passed in favour of the Claimant with costs against the Respondent.

Pass such further order or orders as this Hon’ble Tribunal may deem fit and proper of the facts and circumstances of the case, in the interest of justice.

It is prayed accordingly.

CLAIMANT

DELHI                          THROUGH

DATED                                                                        

XXXXXXXX (Advocate)

Counsel for Claimant

XXXXXXXXXXXXXXXX

Mob. NoXXXXXXXXXXXXX

Email: XXXXXXXXXXXX

BEFORE THE HON’BLE TRIBUNAL COMPRISING OF

SOLE ARBITRATOR MR. SAIYAD URAJ ABBAS, ADVOCATE

CASE FILE REF. NO. XXXX/03-21.

IN THE MATTER OF:-

XXXXXXXXXXXX                                            : CLAIMANT

VERSUS

XXXXXXXXXXXX. & ORS.                    :RESPONDENTS

AFFIDAVIT

Affidavit of Mr. XXXXXXXX aged about ___ years, S/o Sh……………………. R/o ……………………, New Delhi, do hereby solemnly affirm and declare as under:-

1.       That I, the Claimant in the above noted case and am fully conversant with the facts and circumstances of the case and competent to swear this affidavit.

2.       That the accompanying reply to the counter claims has been drafted under my instructions, which has been read and understood by me and I say that the contents of the same are true and correct.

DEPONENT

VERIFICATION :-

          Verified at Delhi on this ____, day of September, 2024 that the contents of paras of the above affidavit are true and correct to my knowledge. No part of it is false and nothing material has been concealed therefrom.

DEPONENT