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IN THE COURT OF SH. PARAMJIT SINGH; LD.
DISTRICT JUDGE; (COMMERCIAL COURT-06); DIST. CENTRAL,
TIS HAZARI COURTS, DELHI.
CS (COMM.) NO. ___ OF 2022.
IN THE MATTER OF :-
_________________________ : PLAINTIFF
____________________ : DEFENDANT
N.D.O.H.: 04.07.2023
WRITTEN STATEMENT FOR AND ON BEHALF OF THE DEFENDANT TO THE COMMERCIAL
SUIT FOR RECOVERY OF RS. ________/- ALONGWITH PENDETLITE AND FUTURE INTEREST.
MOST RESPECTFULLY SHOWETH:-
PRELIMINARY SUBMISSIONS
AND OBJECTIONS:-
1.
That the captioned Suit has been filed by
the Plaintiff herein, verified by an affidavit of one ________, purportedly
claiming to be the General Manager of the Plaintiff Company herein and having gone through the entire copy of the
suit and understanding the purport and contents thereof, the Defendant is
filing their reply to the same. In reply to the Plaint, the defendant vehemently
denies each and every statement, averment and submissions made therein, as the
same are false, frivolous and misconceived and totally baseless. Before making
para-wise reply to the present Plaint, the Defendant seeks to set out
Preliminary Objections and Submissions herein below, which are being urged
independent of and without prejudice to the other. The instant Reply on behalf
of the Defendant is being the __________Apparels.
2.
That at the outset it is submitted that
the present suit is not maintainable as there is no cause of action against the
Defendant that has been made out by the Plaintiff. On the contrary, the fact
remains the suit of the Plaintiff contains bundle of lies, untenable in the
eyes of law and the plaint is liable to be rejected as provided under Order 7
Rule 11 CPC.
3.
That it is categorically stated that the
Plaintiff are guilty of
misrepresentation and non-disclosure of material facts. It is categorically
stated that, in the present case, the Plaintiff have not come with clean hands
and have suppressed material facts from this Hon’ble Court.It
has been held in S.P Chengalvaraya Naidu v. Jagannath, (1994)1 SCC 1.
4.
That
the suit of the Plaintiff is not maintainable in as much as the fact remains
that the claim put forth by the Plaintiff seeking relief for Recovery of an
Alleged Amount is without any legal, binding and subsisting cause of action.
Since the plaintiff is not entitled to any equitable relief from this Hon'ble
Court and is guilty of their own conduct whereby the Plaintiff has suppressed
the material facts from this Hon'ble Court and thus there is no swing of equity
which can be claimed by the Plaintiff as a matter of right or otherwise.
5.
Hence,
failing to disclose material facts, the Plaintiff has made themselves liable to
have this suit rejected at the very inception so as to avoid the procedure of
litigation. Further, the present suit as framed and filed is a gross abuse and
misuse of process of law and legal machinery and has been filed with the sole
intention to harass the Defendant. Hence the suit is liable to be dismissed
with costs.
6.
The captioned
proceedings instituted by the Plaintiff projects and frescoes a scenario which
is not only disturbing but also has the potentiality to create a stir
compelling one to ponder in a perturbed state how some unprincipled and deviant
people can ingeniously and innovatively design in a nonchalant manner to knock
at the doors of the courts, as if, it is a laboratory where multifarious
experiments can take place and such skillful persons can adroitly abuse the
process of the courts at their own will and desire by painting a canvas of
agony by assiduous assertions made in the pleadings though the real intention to
harass the opposite party, without any remote remorse, with the inventive
design primarily to harass the said Defendant.
7.
That without prejudice to the rights and contentions of the
Defendant, further without admitting any of the allegations leveled by the
Plaintiff against the Defendant; it is submitted that the documents filed by
the Plaintiff along with the suit cannot be taken on the record as same are not
pleaded properly in the suit and the documents on which reliance has been
placed by the Plaintiff cannot be read as a part of the pleading as same has
not been found mentioned in the contents of the suit. It further pertinent to mention here that Plaintiff has relied on
fabricated and false documents, which failed to show any direct nexus between
the averments, made in the suit and the grievances portrayed by the Plaintiff.
8.
That the Plaintiff herein has filed this
Suit on mere presumption and conjectures and merely to falsely harass the
Answering Defendant while abusing the process of law and with an ulterior
motive.
9.
The Defendant submits that the Plaintiff
has failed to come before this Hon’ble Court with clean hands and has
deliberately misrepresented facts and indulged into unethical practices in
order to file this Suit before this Hon’ble Court. The suit is not maintainable
and is liable to be rejected, at its threshold, as the plaintiff is guilty of
suppression of material facts.
10.
That considering the above mentioned objection the Hon’ble
Court may be pleased to dismiss the present Suit with exemplary costs, as the
same has been filed with unclean hands, suppression of facts and propagating
falsehood, and has been filed by the Plaintiff with malafide intentions and
ulterior motives.
11.
In
the case of Jay Engineering Works
ltd. vs. Ramesh Aggarwal, 135 (2006) DLT 666: 2007(1) R.A.J. 188, this
Court has also held that where the defendant is not residing or carrying on its
business within the jurisdiction of this Court, this Court cannot be said to
have any territorial jurisdiction under Section 20 of the CPC for entertaining
any suit
12.
In
addition to the same, it has been put forth by the Defendant that the Plaintiff
has not even annexed any certificate or bank stamp over the statements of
Account as maintained by the Plaintiff and as such the same are forged and
fabricated documents as no documents to prove the authencity of the documents
as filed by the Plaintiff has put forth on record.
REPLY ON MERITS:
Without prejudice
to the foregoing and without in any manner admitting any of the submissions,
contentions and allegations made in the
suit and except those expressly admitted, the answering defendant is tendering their
para-wise reply to the suit as under:
1.
That the contents of para 1 of the plaint are denied and the
authorized representative of the Plaintiff company is not competent to file and
sign the present suit. The contents of the preliminary submissions and
objections may be read as part and parcel of this reply and the contents of
preliminary submissions and objections are not repeated herein for the sake of
brevity.
2.
That the contents of para 2 of the plaint are wrong and
denied. It is denied that the Plaintiff company supplied the knitted hosiery
fabrics items through various invoices according to the satisfaction of the
Defendant and the Defendant firm have a liability of Rs.__________/- towards
the material purchased as per the statement of account of the Plaintiff
company. The contents of the preliminary submissions and objections may be read
as part and parcel of this reply and the contents of preliminary submissions
and objections are not repeated herein for the sake of brevity.
3.
That the contents of para 3 of the plaint are wrong and
denied. It is denied that against the aforesaid liability the Defendant on
behalf of the firm signed and issued seven cheques total amounting to Rs._________/-
in favour of the Plaintiff company, to discharge the liability. That the
cheques issued to the Plaintiff company were not against legally enforceable
debt and the same have been given only for security purpose. The contents of
the preliminary submissions and objections may be read as part and parcel of
this reply and the contents of preliminary submissions and objections are not
repeated herein for the sake of brevity.
4.
That the contents of para 4 of the plaint are wrong and
denied. It is denied that the Defendant at the time of hand over the cheques to
the Plaintiff company gave full assurance that the said cheques will be
honoured positively on its presentation. The contents of the preliminary
submissions and objections may be read as part and parcel of this reply and the
contents of preliminary submissions and objections are not repeated herein for
the sake of brevity.
5.
That the contents of para 5 of the plaint are wrong and
denied. The contents of the preliminary submissions and objections may be read
as part and parcel of this reply and the contents of preliminary submissions
and objections are not repeated herein for the sake of brevity.
6.
That the contents of para 6 of the plaint are denied to the
extent that the Plaintiff is sent the legal notice u/s 138 NI Act to the
Defendant. The contents of the preliminary submissions and objections may be
read as part and parcel of this reply and the contents of preliminary
submissions and objections are not repeated herein for the sake of brevity.
7.
That the contents of para 7 of the plaint are wrong and
denied. It is denied that the Plaintiff is sent the legal notice for recovery /
demanding of payment on ________ against the said liability that notice was
refused by the Defendant. The contents of the preliminary submissions and
objections may be read as part and parcel of this reply and the contents of
preliminary submissions and objections are not repeated herein for the sake of
brevity.
8.
That the contents of para 8 of the plaint are wrong and
denied. It is denied that the Plaintiff sends the goods to the Defendant firm
through various invoices and Defendant company received the good properly. The
contents of the preliminary submissions and objections may be read as part and
parcel of this reply and the contents of preliminary submissions and objections
are not repeated herein for the sake of brevity.
9.
That the contents of para 9 of the plaint are wrong and
denied. It is denied that as per the Plaintiff’s ledger account books the
Defendant firm has liability as on date of Rs.________/-. The contents of the
preliminary submissions and objections may be read as part and parcel of this
reply and the contents of preliminary submissions and objections are not
repeated herein for the sake of brevity.
10.
That the contents of para 10 of the plaint are wrong and
denied. It is denied that in the month of March, _____the Defendant also
confirmed the ledger account and admitted the liability over the telephone to __________
General Manager of the Plaintiff company. It is further denied that despite
confirming the ledger account and admitted the liability, the Defendant did not
make any payment to the Plaintiff company. The contents of the preliminary
submissions and objections may be read as part and parcel of this reply and the
contents of preliminary submissions and objections are not repeated herein for
the sake of brevity.
11.
That the contents of para 11 of the plaint are want of
knowledge and hence, denied. It is denied that Defendant intentionally and deliberately
didn’t appear in the proceedings of pre-institution of mediation and
settlement. The contents of the preliminary submissions and objections may be
read as part and parcel of this reply and the contents of preliminary
submissions and objections are not repeated herein for the sake of brevity.
12.
That the contents of para 12 of the plaint are wrong and
denied. It is denied that the cause of action filing the present suit firstly
arose on __________ when the Defendant approached the Plaintiff firm for
purchasing the knitted hosiery fabrics items through purchase order and
Plaintiff supplied the same through various invoices to the Defendant firm and
total liability at present against the Defendant is Rs._________/-. It is
further denied that cause of action further arose when the Defendant made the
last payment to the Plaintiff on _________ and Defendant issued the seven
cheques of different dates from __________ to _________ against the said
liability to the Plaintiff on _________ and all cheques became dishonored on
different dates up to ______. It is further denied that further cause of action
arose when the Plaintiff sent a legal notice to the Defendant against the said
dishonor cheques and said legal notice was properly served uponthe Defendant
and last legal notice was sent to the Defendant on _______ the said legal
notice was refused by the Defendant also acknowledged the liability and
statement of account of the Plaintiff company was duly confirmed by the
Defendant on ________ It is further denied that further cause of action arose
when the Plaintiff filed a pre-litigation application before Mediation, Delhi
and Hon’ble Court issued the summons to the Defendant and Defendant
intentionally and knowingly did not appear despite service thereafter CDLSA
Delhi was pleased to issue non-starter report in favour of the Plaintiff on ________.
It is further denied that the cause of action for filing this present suit is
still continuing. The contents of the preliminary submissions and objections
may be read as part and parcel of this reply and the contents of preliminary
submissions and objections are not repeated herein for the sake of brevity.
13.
That the contents of para 13 of the plaint are wrong and
denied. It is denied that the Defendant visited the office of the Plaintiff to
purchase the knitted hosiery items from time to time and Defendant supplied the
knitted hosiery items to the Defendant with full satisfaction of the Defendant.
It is further denied that the cause of action of filing of the suit has arisen
at Delhi, therefore this Hon’ble Court has territorial jurisdiction to
entertain and try and to decide the suit. The contents of the preliminary
submissions and objections may be read as part and parcel of this reply and the
contents of preliminary submissions and objections are not repeated herein for
the sake of brevity.
14.
That the contents of para 14 of the plaint are wrong and
denied. The contents of the preliminary submissions and objections may be read
as part and parcel of this reply and the contents of preliminary submissions
and objections are not repeated herein for the sake of brevity.
15.
That the contents of para 15 of the plaint are wrong and
denied. It is denied that Defendant intentionally didn’t appear in
pre-mediation settlement proceeding. The contents of the preliminary
submissions and objections may be read as part and parcel of this reply and the
contents of preliminary submissions and objections are not repeated herein for
the sake of brevity.
16.
That the contents of para 16 of the plaint are wrong and
denied. It is denied that the present case is being filed within the stipulated
period as prescribed under the law. The contents of the preliminary submissions
and objections may be read as part and parcel of this reply and the contents of
preliminary submissions and objections are not repeated herein for the sake of
brevity.
17.
That the contents of para 17 of the plaint are legal para,
need no reply. The contents of the preliminary submissions and objections may
be read as part and parcel of this reply and the contents of preliminary
submissions and objections are not repeated herein for the sake of brevity.
18.
That the contents of para 18 of the plaint are wrong and
denied. The contents of the preliminary submissions and objections may be read
as part and parcel of this reply and the contents of preliminary submissions
and objections are not repeated herein for the sake of brevity.
19.
That the contents of para 19 of the plaint are wrong and
denied. It is denied that the Plaintiff is legally entitled to recover the suit
amount and the suit filed by the Plaintiff is bonafide. The contents of the
preliminary submissions and objections may be read as part and parcel of this
reply and the contents of preliminary submissions and objections are not
repeated herein for the sake of brevity.
It is respectfully submitted that the present suit is absolutely false,
frivolous, baseless, misconceived and vexatious besides being unsustainable in
law, and therefore, the same is liable to be dismissed with compensatory costs.
Prayer para of the plaint
along with its sub-paras are absolutely wrong and specifically denied. Hence,
the plaintiff is not entitled for any
relief claim for.
P R A Y E R
It is,
therefore, most respectfully prayed that this Hon’ble Court may dismiss the
plaint of the plaintiff with heavy costs in favour
of the answering Defendant and against the Plaintiff for unnecessary dragging
the answering defendant in the frivolous litigation, in the interest of
justice, equity and circumstances of the
case.
Pass such further order or
orders as this Hon’ble Court may deem fit and proper in the facts and
circumstances of the case and may pass in favour
of the answering defendant, in the interest of justice.
It is prayed accordingly.
DEFENDANT
DELHI
DATED: THROUGH
_______________________________,
NEW DELHI-110014.
EMAIL: ________________
PHONE: +91 85880 74107
VERIFICATION :-
Verified at New
Delhi on this ___ day of June, 2023 that the contents of paras No.1 to 19 of
the written statement are true and correct to the defendant’s knowledge and as
per legal information received and believed to be true, further, the contents
of paras 1 to …… of the preliminary submission are true and correct to the
defendant’s knowledge and as per legal information received and believed to be
true.
Last is the prayer to this
Hon’ble Court.
DEFENDANT
IN THE COURT OF SH. PARAMJIT SINGH;
LD. DISTRICT JUDGE; (COMMERCIAL COURT-06); DIST. CENTRAL,
TIS HAZARI COURTS, DELHI.
CS (COMM.) NO. 2472 OF 2022.
IN THE MATTER OF :-
___________________________________ : PLAINTIFF
_______________________ : DEFENDANT
Affidavit of _______________, ________________, presently at New Delhi, do
hereby solemnly affirm and declare as under:
1.
That I am the Defendant in the above case and am thoroughly
conversant with the facts and circumstances, pursuant to the information
provided to me, thereof and am competent to swear this affidavit.
2.
That the accompanying written statement to the plaint, have
been drafted by my counsel as per my instruction and the contents of the same
have been duly read over and understood by me and after fully understanding the
contents of the same, I hereby state that the facts therein are all true and
correct to my knowledge.
VERIFICATION :-
Verified at New Delhi on ___ day of June, 2023
that the contents of above affidavit are true and correct to my knowledge, no
part of it is false and nothing material has been concealed therefrom.
DEPONENT
