IN THE COURT OF MS. XXX; LD. CIVIL JUDGE; (JUNIOR DIVISION); GURUGRAM.

SUIT (COMM.) NO. XXX OF 2023.

IN THE MATTER OF :-

XXXXX.              : PLAINTIFF

VERSUS

XXXXX                         : DEFENDANTS

N.D.O.H.: ……...2023

WRITTEN STATEMENT FOR AND ON BEHALF OF THE DEFENDANTS TO THE COMMERCIAL SUIT FOR RECOVERY OF RS. 10,71,842/- ALONGWITH 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 Mr. XXXX, purportedly claiming to be the AR / Director of the Plaintiff Company herein and having gone through the entire copy of the suit and understanding the purport and contents thereof, the Defendants are filing their reply to the same. In reply to the Plaint, the defendants vehemently deny 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 Defendants 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 Defendants are Defendant no.1 is a company and defendant no.2 and 3 are the Directors of the Defendant No.1 Company. Defendant no.1 company also authorized the defendant no.2 by board of resolution to contest the present case on behalf of the company.

2.            That at the outset it is submitted that the present suit is not maintainable as there is no cause of action against the Defendants that have 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 has 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 Defendants. 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 Defendants.

7.            That without prejudice to the rights and contentions of the Defendants, further without admitting any of the allegations leveled by the Plaintiff against the Defendants; 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 Defendants while abusing the process of law and with an ulterior motive.

9.            The Defendants 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 defendants are 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 Defendants 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 defendants are tendering their para-wise reply to the suit as under:

1.            That the contents of para 1 of the plaint are being legal para, hence need no reply.

2.            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.

3.            That the contents of para 2 of the plaint are matter of record, hence, 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.

4.            That the contents of para 4 of the plaint are wrong and denied. It is denied that for the purpose of availing the services from the Plaintiff, the Defendant through director approached the Plaintiff for the purchase and delivery of wires and cables equipment" since October, 2018. 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. It is denied that after various rounds of discussions and deliberations that took place in registered office of XXXX of the Plaintiff, the Defendants so as to establish professional relationship placed the various orders, whereby requesting the Plaintiff to deliver wires and cables as per the contract. It is further denied that the Defendant had agreed to clear the payments qua the purchases as soon as the goods are delivered at the requisite place of supply i.e. Alwar, Rajasthan. 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 wrong and denied. It is denied that after negotiation from the plaintiff agreed to supply the requisite goods. It is further denied that the Defendant through the proprietor placed the orders and the said orders were honoured by the plaintiff on time with the proper invoices and the same were duly received by the Defendant to the best of the satisfaction. It is further denied that no dispute whatsoever was even raised by the Defendant, thereby being satisfied by the supply made by the plaintiff. It is further denied that all the materials were supplied by raising proper invoices. 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 on the request of the Defendant delivered the desired products as per the abovementioned invoices at the site proposed by you, however, the Defendant has only been able to clear the payments, with regard to Rs. 16,00,000/- against the aforesaid invoices. 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 after all such transaction, an amount of Rs. 6,07,072/- is outstanding against the Respondent Company. It is further denied that the Plaintiff had requested the Defendant several occasions to clear the outstanding amount by telephonically, WhatsApp and through email; however, despite the reminders the Defendant have failed to clear the balance amount. 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 it is obvious that the Defendant had no intension of making the payment in lieu of the goods supplied and thus fraudulently cheated the Plaintiff. It is further denied that the Defendant had not raised any dispute with respect to the performance of the purchase order issued upon to the plaintiff and has failed to make die payment which is due from the date of delivery of goods. 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 thereafter the Plaintiff has made numerous attempts through telephonic conversations, however it all fell on deaf ears and the Defendant failed to make the payment due to the Plaintiff. It is further denied that the Plaintiff also send the Legal Notice for demanding the outstanding payment dated XXX and it was delivered and received to all the Defendant on XXX but still the Defendant didn't try to make the any contact to the plaintiff for clearing the outstanding dues. It is further denied that this shows the unscrupulous intension of the Defendant for not making the payment purposely to the Plaintiff. 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 wrong and denied. It is denied that the Defendant had duly received the goods, which is evident from the invoices. It is further denied that the Defendant have no right whatsoever to defend the present suit by any stretch of imagination, and this suit rightly deserves to be decided. 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 Plaintiff despite delivery of the goods failed to receive the outstanding amount and was in the continuous contact. It is further denied that the Defendant had no intention of making the payments in lieu of the goods supplied and thus fraudulently cheated the Plaintiff. 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 had not raised any dispute with respect to the performance of the orders issued upon the Plaintiff and the Defendant has failed to make the payments which are due from the date of delivery of goods. 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. It is denied that the Plaintiff sent a legal notice dated XXX through Speed-Post to the Defendant for recovery of a sum of Rs.6,02,674/-, the said legal notice was delivered on XXX 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.

15.        That the contents of para 15 of the plaint are wrong and denied. It is denied that despite various assurances of making the payment, the Defendant have not abided by the terms of the agreement between the parties and thus are liable to pay interest @18% per annum over and above the principal amount pending against 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.

16.        That the contents of para 16 of the plaint are wrong and denied. It is denied that the Defendant had duly received the goods, which is evident from the invoices. It is further denied that the Defendant has no right whatsoever to defend the present suit by any stretch of imagination, and this suit rightly deserves to be decided. 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 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.

18.        That the contents of para 18 of the plaint are wrong and denied. It is denied that the cause of action for filing the present suit arose in favour of Plaintiff and against the Defendant when the Defendant placed various orders for delivery of the goods. It is further denied that the cause of action arose on XXX when the Plaintiff raised the last invoice to the Defendant. Further the cause of action arose on XXX when the Plaintiff issued the Legal Notice upon the Defendant and the said legal notice was delivered to the Defendant on XXX. It is further denied that since then, the Defendant has made no payment and an outstanding amount of Rs.10,71,842/- inclusive of interest and legal expenses as mentioned in Para 17 is still due upon the Defendant. It is further denied that even on the pre-litigation mediation process got failed wherein the Defendant appeared before the concerned authorities and failed to make the outstanding amount. It is further denied that the suit is, therefore, within the period of limitation. 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 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.

20.        That the contents of para 20 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.

21.        That the contents of para 21 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.

22.        That the contents of para 22 of the plaint are wrong and denied. It is denied that the Defendant placed order from their registered office of the Plaintiff i.e., XXXXX. It is further denied that the ledger account is also kept and maintained at the registered office of the Plaintiff. It is further denied that the Defendant made acknowledgement and commitments at registered office of the Plaintiff. It is further denied that the retail invoices being an executed agreement along with the terms and conditions specifically seated that all disputes shall be subjected to Gurugram Jurisdiction. It is further denied that the cause of action has arisen in Registered Office; therefore, this Hon’ble Court has territorial jurisdiction to entertain and decide 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.

23.        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.

24.        That the contents of para 6 of the plaint are legal para, hence, 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.

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 Defendants and against the Plaintiff for unnecessary dragging the answering defendants 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.

DEFENDANTS

DELHI      

DATED:                        THROUGH

COUNSEL

VERIFICATION :-

Verified at New Delhi on this ___ day of October, 2023 that the contents of paras No.1 to 24 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.

                                                DEFENDANTS

IN THE COURT OF MS. XXX; LD. CIVIL JUDGE; (JUNIOR DIVISION); GURUGRAM.

SUIT (COMM.) NO. XXX OF 2023.

IN THE MATTER OF :-

XXXXX               : PLAINTIFF

VERSUS

XXXXX                                            : DEFENDANTS

AFFIDAVIT

Affidavit of Sh. XXXX, AR / Director of M/s. XXXX., having Regd. Office at XXXXX, do hereby solemnly affirm and declare as under:

1.                 That I am the Defendant no.2 Director/AR of defendant no.1 company 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.

DEPONENT

VERIFICATION :-

Verified at New Delhi on ___ day of  October, 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

IN THE COURT OF MS. XXX; LD. CIVIL JUDGE; (JUNIOR DIVISION); GURUGRAM.

SUIT (COMM.) NO. XXX OF 2023.

IN THE MATTER OF :-

XXXXX.              : PLAINTIFF

VERSUS

XXXXX                                            : DEFENDANTS

AFFIDAVIT

Affidavit of Sh. XXXXX, Director of M/s. XXXX., having Regd. Office at XXXXXXX, do hereby solemnly affirm and declare as under:

1.                 That I am the Defendant no.3 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.

DEPONENT

VERIFICATION :-

Verified at New Delhi on ___ day of  October, 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