IN
THE HON’BLE HIGH COURT OF DELHI : AT NEW DELHI.
CS(OS)
NO.20XX/20XX
IN RE:
M/S XXXXXXXXXXXX
PVT.LTD. … PLAINTIFF
VERSUS
XXXXXXXXXX
PVT.LTD.& ANR … DEFENDANTS
Name of Hon’ble
Registrar-Mr. XXXXXXXXXX
N.D.O.H-XX/XX/20XX
INDEX
SL.NO. PARTICULARS
PAGES
C.FEE
1. Written
statement on behalf of the
Defendants with supporting
Affidavit
01-27
2. Reply
to the Application u/o 38 rules
1
& 5 read with Sec.151 CPC with
Supporting
affidavit 28-37
3. Application
u/o VII Rule 11 read with
Sec.151
CPC with affidavit 38-50
4. List
of documents with documents
5. Vakalatnama
DEFENDANTS
THROUGH:
DELHI. (XXXXXXXXXXXXXX
& ASSOCIATES)
DATED: Advocate
Office
No. XXXXXXXXXXXX, Delhi. XX
IN THE HIGH COURT OF DELHI AT NEW DELHI
IN CS (OS)-20XX/20XX
IN RE-:
XXXXXXX PVT LTD …PETITIONER
VERSUS
XXXXXXXXXXXX PVT LTD & ANR …RESPONDENTS
WRITTEN STATEMENT ON BEHALF OF
DEFENDANTS
RESPECTFULLY SHOWETH:
PRELIMINARY OBJECTIONS:
1.
THAT the present suit
is only gross abuse and misuse of process of law and has been filed with
oblique motives and designs to harass the defendants by filing case with forge
and frivolous documents i.e forged invoices, forged email etc and drag them
into frivolous litigation and further to usurp the sum of Rs. XXXXXX/- as paid
by the defendants to the plaintiff, while the plaintiff has failed to fulfill
its commitment and obligations towards the defendant no.1 and therefore the
defendant no.1 is entitled to the refund of the said amount of Rs. XXXXXX/-
from the plaintiff along with interest.
Thus the present suit as filed by the plaintiff being legally not
maintainable may kindly be dismissed with special heavy costs.
2.
THAT the suit as filed
by the plaintiff is hopelessly barred by time limitation as according to the
own case of the plaintiff they raised invoices dated XXXXXX and XXXXXX for
total amount of Rs. XXXXXX/-and while the true fact of the case is that
plaintiff never raised invoice or invoices to the defendants and no invoice/
invoices was/were ever sent to the defendants and when the invoices were never
raised then where is the question of acceptance and the defendants never gave
their consent at any point of time for receiving the invoices by way or mail or
any other manual mode and it is also important to mention here that the
plaintiff filed the forged invoices copy along with this suit and the
acknowledgement is forged & fabricated, which is proved itself by the
documents and email of the plaintiff further the defendant no.1 made the
payment of Rs. XXXXXX/-on XXXXXX as advance payment of Rs. XXXXXX/- on XXXXXXX. However, the present suit has been filed by
the plaintiff on or after Xth July, 20XX i.e. beyond the period of
three years from the dates when the said invoices were raised and when the
advance payment of Rs. XXXXXXX/-was made on XX.XX.20XX and as such the suit is
legally not maintainable and is liable to be dismissed out rightly.
3.
THAT there arose no
cause of action in favour of the plaintiff and against the defendants for the
present suit and the suit is without any cause of action, hence is liable to be
dismissed u/o VII Rule 11 of CPC.
4.
THAT the suit is also
bad for misjoinder of party as the plaintiff has deliberately and malafidely
dragged and impleaded the defendant no.2 in the present suit, while as settled
law since the defendant no.1 is a separate legal entity and therefore no suit
lie against the defendant no.2 merely because he is the Managing Director of
the defendant no.1, and no personal/individual liability accrued upon the
defendant no.2. Hence the suit filed
against the defendant no.2 is liable to be dismissed and the defendant no.2 is
liable to be deleted from the array of the parties.
5.
THAT the plaintiff has
not come to this Hon’ble Court with clean hands and has not stated the true
facts and suppressed the true material facts from this Hon’ble Court. It is submitted that the plaintiff through
its representatives/officials induced and allured the defendant no.1 with tall
claims of their expertise on making web portal for wedding planning and management
and online travel portal. On such tall
claims, representations, inducement and allurement of the plaintiff, the
defendant no.1 bonafidely agreed to place purchase
order to the plaintiff and the plaintiff
again reiterated and reassured the defendant no.1 to complete
the said purchase order for web portal for wedding planning and the other
purchase order for travel portal was cancelled with mutual consent and for the
wedding planning defendants raise new purchase order dated XX.XX.20XX with all
the terms and condition for the portal as the previous purchase order &
other things were already scraped/cancelled and the cheque of Rs. XX lacs were
issued as the advance payment of Re-launched of the project and payment terms
and conditions also finalized as per the new purchase order of defendants and
it was also assured by the plaintiff to defendants things will done as
per the complete satisfaction, requirement and within the time frame as per the
new purchase order dated XX.XX.20XX, which was duly accepted & acknowledged
by the plaintiff and it was decided that earlier that the previous purchase
order was scraped.
It is submitted that the defendant no.1 bonafidely
and in good faith, trust and belief upon the plaintiff had even made the
advance payment of Rs. XXXXXX/- to the plaintiff on dated XX.X.20XX i.e. even prior to placing the said Purchase Orders dated XX.X.20XX
and X.X.20XX and the plaintiff did not narrated a single word about the
re-launch of the project and did conceal the fact regarding the re-launched of
project and cheque was giving with certain terms and conditions for the new
purchase order XX.XX.20XX, Further the defendant no.1 bonafidely made
the payment of Rs .XXXXXX/- to the plaintiff XX.XX.20XX. But to the shock and surprise of the
defendant no.1, the plaintiff failed to fulfill its commitment, assurances and
promises made to the defendant no.1 nor completed and made deliveries as per
the new purchase order dated XX.XX.20XX of the
defendant no.1 and therefore, the defendant no.1 made correspondence
through emails and telephonically with the plaintiff and through various emails
and telephonic conversation requested the plaintiff for completing and making
delivery as per the purchase order dated XX.XX.20XX, but the plaintiff, as is
apparent, showed its interest only in recovering as much as possible money from
the defendant no.1 and apparently when no work was completed by the plaintiff,
then the defendants asked several times the work completion but the plaintiff
gave a reason that new persons will going to assign for the work. All the requests and persuasion by the
defendant no.1 turned on deaf ears of the plaintiff, which is clearly visible
from the numerous emails correspondence as well as telephone conversation. The defendant no.1 was in state of shock and
dismay that despite receiving a huge amount of Rs. XXXXX/- the plaintiff has
done nothing worth of the said amount, rather due to the intentional and
deliberate delay on the part of the plaintiff, the defendant no.1 suffered with
substantial economic loss as well as loss of expected business and
goodwill.
It is also important to mention here that in the
entire plaint/suit, the plaintiff is silent regarding the delivery of any
project to the defendants as it was never delivered to defendants and failed to
give date of delivery to the defendants as it was never delivered to defendants
also the plaintiff failed to provide the details of delivery regarding the
authorized person of the defendants as the delivery was never given to
defendants.
It is also important to mention here that the
plaintiff never mentioned anything regarding the delivery given of web portal
to defendants in cause of action in the plaint.
It is also important to mention here when the
plaintiff failed to provide the delivery of web portal then the project manager
namely XXXXX of Plaintiff came to defendants to finalize the Business
Requirement document for Dial Shadi web portal of defendants and the Business
Requirement document was made on July XXth, 20XX as per the purchase
order dated XX.XX.20XX.
That it is also important to mention here that for
any web designing company, it is mandatory in IT guidelines that every single
module developed for any client has to go through the approval of the client
& final UAT (User Acceptance testing) from the client, which was never
obtained by the defendants, also important to mention here that there were so
many modules in web portal of DIAL SHADI like (i). Login/Registration Module
(ii) Venue Module (iii). Vendor management (iv). Venue management (v). Menu
management (vi). Venue- Facility management (vii). Venue-inventory management (Ref
same as Hotel booking engine) (viii). Venue- Tariff management (ix). Product
master (x). Product management (xi). Wedding package Search (xii). Wedding
package management (xiii). Honeymoon package (xiv). Shopping Cart (xv). Mini
Cart (xvi). Order Processing (xvii). Extranet (xviii). Rating & Reviews
(xix). Earn & Redeem rewards points (xx). Redemption gift points (xxi). My
Account (xxii). My Account-Edit/View your profile (xxiii). My Account- View
favorites (xxiv). My Account- View Favorites (xxv). My Account- Orders (xxvi).
My Account- Refer and Earn (xxvii). My Account- Earned points (xxviii). My Account-
Post a complaint /Feedback (xxix). My Account- Reviews (xxx). My Account-Redeem
your points (xxxi). Create the wedding account (xxxii). Wedding account-Login
(xxxiii). Friends /Relatives list of management (xxxiv). Contact-Group
management (xxxv). My Wedding-Invite your friends (xxxvi). My Wedding-Create
your wedding card (xxxvii). My Wedding- Create your album (xxxviii). My
Wedding-Uploads Photos/Videos (xxxix). My Wedding-Ask suggestion (Take a friend
advise). (xxxx). My Wedding-Give your wishes for wedding (xxxxi). My Wedding-
Gift a Dialshaadi voucher (xxxxii). Wedding tips (xxxxiii). Banner management
(xxxxiv). NGO and donation management (xxxxv). Vendor directory (xxxxvi). Deals
(Offers) Management (xxxxvii). News Management (xxxxviii). MIS Reports
(xxxxix). Masters management (xxxxx). Usability Tests (xxxxxi). W3C
Compliance (xxxxxii). Programming
language, Application Server, Archtecture & Colding Standards (xxxxxiii).
Configuration details (xxxxxiv). Application Scope, Limitations & Assumptions
(xxxxxv). Timelines (xxxxxvi). Sign-Off etc. There are 56 modules available in
the Scoping of web portal and scoping is just XX% part of entire portal of
defendants and entire work of portal was divided in certain categories in
percentage i.e
(i).Scoping-XX%
(ii).Wireframe-X%
(iii).VV Delivery-XX%
(iv).Design of Dial Shadi-XX%
STAGING OF DIAL SHAADI
(v).Master/Vendor-X%
(vi).Venue/Menu/Product-X%
(vii).Package/My wedding-X%
(viii).Order
tracking/review management-X%
Audit/user management
(x).Extranet/Banner-X%
(xi).Products-X%
(xii).tips/vendor directory-X%
(xiii).Beta Release-XX%
(xiv).Bugfixing-XX%
(xv). Delivery-X%
(xvi). After deliver 30 days- X%
This was entire payment schedule for the web Portal
and the defendants made several mail and communication to the plaintiff that
Design (Creative) of Dial Shaadi, which comes into category of (iv) as per the
schedule of work is done only XX% and
how can plaintiff expect XXX% payment for the Design (Creative) of Dial Shaadi
also mentioned in the mail that the plaintiff just forcing to pay the money
which was not delivered so far and the advance cheque was given to the
plaintiff till the delivery of Master/Vendor and defendants also communicated
to the plaintiff that till date plaintiff had taken Rs.XXXXX/- more from the
agreed amount of work.
That the plaintiff did not give proof of delivery of
any of the module and it is the defendants who suffered 3 years loss along with
financial loss of several lakhs of rupees because of the plaintiff and its
style of work.
The malafide conduct of the plaintiff is further
apparent that the plaintiff wrongly raised the said invoices which are in
contrary to the terms and conditions and schedule of payment.
It is further submitted that in spite of the said
misconduct and failure on the part of the plaintiff to complete the said work
of the defendant no.1, the plaintiff regularly forced and compelled the
defendant no.1 for further payment by giving false assurance and promise that
they will complete the work as per said purchase order dated XX.XX.20XX without
further delay. The defendants gave the advance cheque no.XXXXX to plaintiff for
re-launch of project and conveyed to plaintiff not to present the cheque no.
XXXXX dated XX.XX.20XX for Rs.XXXXXX/- but the plaintiff presented the cheque
in the bank in spite of the direction of the defendants not to present the
cheque in bank. The entire communication is available through email of
plaintiff and defendants. for to the plaintiff and as per the email letter
dated XX.XX.20XX of the plaintiff through XXXXXXX, Head Sales, it was assured
to the defendant that the said payment is subject to Delivery of Milestone
(Master/Vendor) as per Schedule list (v) attached and delivery of milestone is XXth
October,20XX. It was further assured
that the plaintiff shall strive to achieve the above mentioned Milestone
earlier. In the said email letter the
plaintiff again assured and promises that “IN
CASE THE ABOVE MENTIONED MILESTONE IS NOT ACHIEVED AS PER SCHEDULE ATTACHED,
THEN ABOVE PAYMENT SHALL BE REFUNDED AND WILL BE DUE AT THE TIME OF ACHIEVEMENT
OF MILESTONE.”
However, it is submitted that since the intentions
on the part of the plaintiff were bad right from the beginning and after taking
the said cheque, the plaintiff did not show any interest and therefore, the defendant
no.1 sent an email dated XX.XX.20XX to the plaintiff and reiterated that
payments will be done against the delivery/achievement of certain
Milestones/deliverables, which was finalized as per scheduled as the defendant
no.1 revealed of the mischief designs and motives of the plaintiff in getting
issued the said cheque from the defendant no.1.
It was also asked in the said email that the plaintiff will deliver
creative, Master & Vendor against the said cheque payment and therefore
deliver the Master Vendor by Monday take the UAT (User Acceptance testing) and
then take the payment accordingly. It
was also requested to let the project go smoothly and do not interfere
unnecessary to deviate the same.
It is important to mention here that the plaintiff XXXX
shifted to its entire responsibility to M/s Possible worldwide and the fact was
not mentioned in the plaint/suit and because of this shifting the defendants
has to suffer a lot in the past and Thus the suit as filed by the plaintiff is
liable to be dismissed with special costs.
It is however submitted to the further shock of the
defendant no.1 when they received the email dated XX.XX.20XX from the
plaintiff, in which the plaintiff made false statement that the Creative is
closed and further that to continue the project at its pace for delivery on XX st
December, 20XX, they demanded a current dated payment and threatened that in
case the payment of Rs.XX lakhs is not done by XX.XX.20XX that the resources
will be deployed on other project and the development will be slowed and the
project delivery shall be delayed. In
this way the plaintiff started harassing and threatening the defendant no.1 and
making demand of payment without fulfilling its obligations and commitment
under the said contract and apparently the plaintiff failed to complete any of
the said project and portal etc as per the purchase orders and showed their
interest only in recovering as much as amount possible from the defendant no.1.
Despite receiving the huge amount of Rs. XXXXXX/- the plaintiff failed to
render the service for that much amount to the defendant no.1 and as such the
defendant no.1 is legally entitled to the recovery of the said amount of Rs.
XXXXX/- from the plaintiff. However, the
plaintiff is not entitled to any amount whatsoever from the defendant no.1 and
when no principal amount is due and outstanding the question of payment of
interest does not arise. Thus the suit
as filed by the plaintiff is liable to be dismissed with special costs.
6.
THAT the suit has not
been signed, verified and instituted by a duly authorized and competent person
and XXXXXX, is not a duly authorized person, nor he is personally well
conversant with the facts of the case and as such the suit is legally not
maintainable and is liable to be dismissed outrightly.
REPLY
ON MERITS:
1.
THAT the contents of
para no.1 of the plaint are matter of record so far as the plaintiff is a
Private Ltd. company, rest as stated are wrong and denied. It is wrong and denied that XXXXXX is
conversant with the facts of the case or that he is duly authorized or that he
is competent and authorized to sign, verify and institute the present suit and
lead evidence on behalf of the plaintiff as alleged. All the averments are false, frivolous,
misconceived and contrary to the facts.
It is submitted that XXXXX is not a duly authorized, personally well
conversant and competent person to sign, verify and institute the present suit,
hence the suit signed, verified and filed by XXXXX is legally not maintainable
and deserves for outright dismissal.
2.
THAT the contents of
para no.2 of the plaint as stated are matter of record so far as the defendant
no.1 is Private Ltd. Company and the defendant no.2 is not the Managing
Director, rest as stated are absolutely wrong and denied. It is absolutely wrong and denied that the
defendant no.2 issued the cheque while admitting the liability or that the
defendant no.2 is jointly and severally liable to discharge the admitted debt
and liability as alleged. All the
allegations made by the plaintiff are false, frivolous, misconceived, purely
concoction and contrary to the facts. It
is submitted that when the defendant no.1 is not liable to pay any amount to
the plaintiff the question of any liability on the part of the defendant no.2
does not arise. As settled law the
Managing Director or any other Director and authorized signatory are personally
and individually not liable for any act or liability of the company and the
plaintiff has wrongly and malafidely impleaded the defendant no.2 as party to
the present suit to harass, humiliate and defame him and the suit against the
defendant no.2 is liable to be dismissed outrightly. Reference be made to the submissions in the
preliminary objections.
3.
THAT the contents of
para no.3 of the plaint as stated are wrong and hence denied, as it is the
plaintiff who had approached the defendant no.1 company through its
representatives/officials and the defendant no.1 company had not approached the
plaintiff. It is already submitted that
due to tall claims, rosy picture and mischievous representations and assurances
made by the plaintiff to complete the work of the defendant no.1 in time bound manner
and to the utmost satisfaction of the defendant no.1, the defendant no.1 placed
the said purchase order to the plaintiff bonafidely without knowing the bad
intentions on the part of the plaintiff.
The bonafide of the defendant no.1 is further apparent that the
defendant no.1 paid the advance payment of Rs .XXXXX/-to the plaintiff, and
further made the payment of Rs.XXXXXX/-to the plaintiff when the plaintiff had
not done any work against the work and thus the defendant no.1 learnt the bad
intentions and motives of the plaintiff as inspite of receiving the payment of
Rs.XXXXX/-they failed to render any service as per the purchase order dated XX.XX.20XX
as the previous purchase order was terminated as per the mutual understanding
between plaintiff & defendants, which was duly acknowledged by both the
parties. Reference be made to the
submissions in the preceding paras.
4.
THAT the contents of
para no.4 of the plaint are not denied to the extent that the defendant no.1
paid the advance amount of Rs. XXXX/- to the plaintiff on XXXXX, rest as stated
are absolutely wrong and denied. It is
absolutely wrong and denied that the plaintiff developed the web portal of the
defendant as per specification and delivered the same to the defendants or that
pursuant to the said purchase order XX.XX.20XX and as per requirement, the
plaintiff provided the requisite services to the defendant as alleged. It is further absolutely wrong and denied
that as per the terms of purchase orders and understanding, the plaintiff
raised the invoices/bills to the defendant as alleged. All the allegations made by the plaintiff are
false, frivolous, misconceived and contrary to the facts. It is submitted that the defendant no.1 had
made the said advance payment of Rs.XXXXX/- to the plaintiff on XX.X.20XX and plaintiff
created false and frivolous invoice/bills and these invoices/bills were never
receive by defendants even it is their own admission in their various email
correspondence including an email dated XX.XX.20XX that the work was to be
completed by XX.XX.20XX, but the said work was not completed nor the plaintiff
developed the web portal as per specification and requirement nor delivered the
same to the defendant no.1. Reference be
made to the submissions in the preceding paras.
5.
THAT the contents of
para no.5 of the plaint as stated are absolutely wrong and denied and the
plaintiff be put to strict proof of the averments. It is absolutely wrong and denied that the
defendant no.1 duly acknowledged receipt of invoices/bills or that as per the
mutual understanding, the defendants were required to make the payment within
30 days or that the defendants did not make the payment of aid amount within
the agreed period or that there was any admission of its liability by the
defendants as alleged. It is further
absolutely wrong and denied that the defendants time to time has been
requesting the plaintiff for upgradation and modification in the web portals or
that such upgradation and modification in the web portal was not part of the
contract or that as per requests the plaintiff has been providing the requisite
services to the defendants as alleged.
It is further absolutely wrong and denied that the plaintiff has been
making telephonic calls and requested the defendants for payment or that the
defendants did not make the payment as alleged.
All the allegations made by the plaintiff are false, frivolous,
misconceived and contrary to the facts.
It is submitted that the averments by the plaintiff are misleading as according
to the plaintiff one of the alleged invoices/bills were dated XX.X.20XX then
how the same could be accepted vide email dated X.X.20XX as alleged by the
plaintiff. It is further submitted that
the plaintiff raised the said invoices/bills as when no work was done by the plaintiff
as per purchase order there was no occasion to the plaintiff to raise the said
invoices/bills. The invoice/bill are
generally raised only on completion of the work as per the purchase orders, but
in the present matter the said alleged invoice/bills were raised in advance when
the work was yet to be completed by the plaintiff. It is further submitted that the plaintiff
has not placed any such document that the work was completed as per the
purchase orders, rather the email correspondence by the plaintiff with the
defendant no.1 are self-explanatory that the work was not completed and the
plaintiff time and again had wrongly assured to complete the same. It is further submitted that there was never
been any such understanding that the defendant no.1 would make the payment within
30 days and the plaintiff has not placed any document to substantiate the
same. There was no question of admitting
liability by the defendants and so far as the payment of Rs.XXXXXX/- is
concerned, the same was bonafidely made by the defendant no.1 on the assurance
of the plaintiff to complete the work against purchase orders. It is submitted that the plaintiff was
legally required to complete the work as per the purchase orders including for upgradation
and modification in the web portals. There was never been any such request by the
plaintiff to the defendants, it is also important to mention here that the
project was re-launched and the fact was not narrated in the plaint and the
limitation bar the present suit as the purchase orders in the year 20XX. Reference
be made to the submissions in the preceding paras.
6.
THAT the contents of
para no.6 of the plaint as stated are absolutely wrong and denied. It is absolutely wrong and denied that
pursuant to persistent requests and demands made by the plaintiff for payment
of the amount against services provided by it and the invoices raised to the
defendants or that the liability was admitted and with intention to discharge
its debt in part the defendant issued the cheque in question as alleged. All the allegations made by the plaintiff are
false, frivolous, misconceived and contrary to the facts and the plaintiff be
put to strict proof of the averments. It
is submitted that the plaintiff force and compelled the defendant no.1 for
further payment when the plaintiff failed to complete the work and even to the
amount of Rs.XXXXX/- as already paid by the defendant no.1 to the
plaintiff. However, by using undue
influence, force and compulsion, the plaintiff made the defendant no.1 to issue
the said cheque, but the defendant no.1 through email made clear to the
plaintiff that the said cheque payment is subject to the fulfillment of
requirement by the plaintiff and there was no entitlement of the
plaintiff. It is submitted that the
plaintiff even had threatened the defendant no.1 to issue another cheque of
current date otherwise to slow pace of work or to stop/close the work as per
purchase order. The plaintiff wrongly
and falsely presented the said cheque without completing its duty and
obligation as their intentions right from the beginning were bad and dishonest
and further without any information and consent of the defendant no.1 the said
cheque was presented by the plaintiff.
Reference be made to the submissions in the preceding paras.
7.
THAT in reply to para no.7
of the plaint, it is submitted that the plaintiff wrongly and malafidely
presented the said cheque without any liability on the part of the defendant
no.1 and without fulfilling the terms and conditions. It is further submitted that the defendant
no.1 in its email dated XX.XX.20XX has clearly stated that “AS ALREADY DECLARED
WE ARE NOT DOING THE PROJECT WITH QUASAR. HENCE THERE IS NO USE OF PAYING YOU
5L. ALTHOUGH WE HAVE NEVER ASKED YOU TO
DEPOSIT THE CHEQUE, AS THE LAST MAIL ALSO SAYS THAT WE WILL NOT GIVE YOU ANY
PAYMENT UNLESS YOU DO THE DELIVERY.” The
said email by the defendant no.1 made it clear that the plaintiff presented the
said cheque without making delivery of the web portal etc as per the purchase order
XX.XX.20XX. It is further submitted that
the plaintiff did not dispute or controvert the said statement in the email
dated XX.XX.20XX of the defendant no.1.
It is however submitted that the plaintiff wrongly and falsely filed the
said complaint u/s 138 of the Negotiable Instrument Act only to harass the
defendants and to extract money and blackmail the defendants. Reference be made
to the submissions in the preceding paras.
8.
THAT the contents of
para no.8 of the plaint as stated are absolutely wrong and denied. It is absolutely wrong and denied that there
is any outstanding amount as payable by the defendants or that there is any
admitted liability or that the defendants are liable to pay interest @ XX% per
annum or that the defendants are liable to pay Rs. XXXXX/- or that the
plaintiff is entitled for further pendentelite interest @ XX% per annum since XX.XX.20XX
as alleged. All the allegations made by
the plaintiff are false, frivolous, misconceived and contrary to the
facts. The defendants have no liability
to pay any amount whatsoever to the plaintiff and the alleged principal
outstanding amount as claimed by the plaintiff is self imaginary, after thought
and purely concoction. The mala fides
and contradiction of the plaintiff are apparent that the two purchase orders
were for Rs. XXXXXX/- each i.e. Rs. XXXXX/- as stated by the plaintiff, while
the plaintiff had raised the alleged invoice/bills for Rs. XXXXX/- which means
that the plaintiff had not completed the work as per the purchase orders
otherwise they would have raised the bill for the said entire amount of
purchase orders. It is further submitted
that the said alleged invoices/bills were raised without completing the work
and in numerous emails correspondence the plaintiff continued to assure to
complete the work but the same were never been fulfilled. In this way the plaintiff not only committed
cheating and fraud with the defendant no.1 but deceitfully received Rs. XXXXX/-
from the defendant no.1 and on the basis of said manipulated invoices/bills now
making false and frivolous claim of outstanding amount of Rs. XXXXXX/-. When there is no principal outstanding amount
the question of any alleged claim for interest does not arise. The mala fides and contradictions are further
apparent that one hand the plaintiff claimed the interest @ XX% per annum while
in sub clause (ii) the interest has been mentioned as @ 18% per annum. However, the defendants are not liable to pay
any amount whatsoever to the plaintiff and further the alleged claim is barred
by time limitation. Reference be made to the submissions in the preceding
paras.
9.
THAT the contents of
para no.9 of the plaint as stated are absolutely wrong and denied. It is
absolutely wrong and denied that any cause of action has arisen in favour of
the plaintiff and against the defendants or that the defendants approached the
plaintiff as alleged. It is further
absolutely wrong and denied that the plaintiff developed the web portal for the
defendants and delivered to the defendants and raised the invoice or that the
defendant no.1 acknowledged receipt of the invoices and accepted the same as
alleged. It is further absolutely wrong
and denied that any cause of action arisen on XX.XX.20XX or any liability was
admitted or that the defendants made the part payment to the plaintiff or that
there was any alleged request by the plaintiff or the defendants assured of
making payment or that the defendants failed to make payment as alleged. It is further absolutely wrong and denied
that any cause of action arisen on XX.XX.20XX when the defendants while
admitting its liability and with view to discharge the liability in part issued
the cheque of Rs. XXXXX/- in favour of the plaintiff or that any cause of
action arose on X.XX.20XX when the plaintiff issued a demand letter to the
defendants or that the defendant no.2 sent a frivolous reply as alleged. It is further absolutely wrong and denied
that cause of action arisen when the plaintiff filed complaint u/s 138 NI Act
or that the defendants have failed to make payment of outstanding amount and
liquidate its admitted liabilities as alleged.
All the averments of the plaintiffs are false, frivolous, misconceived
and contrary to the facts. It is
submitted that no cause of action whatsoever has arisen in favour of the plaintiff
and against the defendants and the suit is based upon falsehood story and
concealment of true material facts and the suit is only abuse and misuse of
process of law. There was never been any
alleged liability nor admitted liability by the defendants and it is apparent
from the alleged demand letter vide email dated X.XX.20XX it pertain to only
cheque of Rs.XXXXXX/-. Reference be made to the submissions in the preceding
paras.
10.
THAT in reply to para
no.10 of the plaint it is submitted that the territorial jurisdiction of this
Hon’ble Court is not denied. However,
there arose no cause of action in favour of the plaintiff for filing the
present suit and the same is filed without any cause of action and the plaintiff
is not entitled to any relief.
11.
THAT the contents of
para no.11 of the plaint as stated are absolutely wrong and denied. It is absolutely wrong and denied that the
suit is well within statutory period of limitation as alleged. All the averments of the plaintiff are false,
frivolous, misconceived and contrary to the facts. The suit is hopelessly
barred by time limitation as it is the own case of the plaintiff that the
alleged invoices/bills are dated XX.X.20XX and XX.X.20XX, while the present
suit has been filed on or after X.X.20XX i.e. beyond the period of three years
and it is also important to mention here that the plaintiff did not mention a
single word regarding the re-launched of project and the advance payment of Rs.
XX lacs were issued against new purchase order dated XX.XX.20XX only. The plaintiff is not entitled to any relief
whatsoever in the present suit.
Reference be made to the submissions in the preceding paras.
12.
THAT the contents of
para no.12 of the plaint as stated are absolutely wrong and denied. All the
averments of the plaintiffs are false, frivolous, misconceived and contrary to
the facts. Reference be made to the
submissions in the preceding paras.
Prayer clause and sub clauses (a) to (c) are wrong
and denied and the plaintiff is not entitled to any relief.
P R A Y E R
It is, therefore, respectfully prayed that the suit
of the plaintiff being gross abuse and misuse of process of law, without any
locus standi and cause of action may kindly be dismissed, with special
exemplary costs in favour of the defendants and against the plaintiff.
Any other relief(s) which this Hon’ble Court may
deems fit and proper be also granted in favour of the defendants and against
the plaintiff.
DEFENDANTS
THROUGH:
NEW
DELHI.
DATED:
COUNSEL.
VERIFICATION:
Verified at New Delhi on this day of November, 20XX that the
contents of paras 1 to 8 of the reply on merits and factual submissions in
preliminary objections are true and correct to our personal knowledge and those
of paras 9 to 12 of the reply on merits and legal submissions in preliminary
objections are true upon information received and believed to be correct. Rest is prayer to this Hon’ble Court.
DEFENDANT
IN
THE HON’BLE HIGH COURT OF DELHI : AT NEW DELHI.
CS(OS)
NO.20XX/20XX
IN RE:
M/S XXXXXXXX PVT.LTD. … PLAINTIFF
VERSUS
XXXXXXXXXX
PVT.LTD.& ANR … DEFENDANTS
AFFIDAVIT
Affidavit of Shri XXXXXXXX,
Aged-XX Years, Managing Director of M/s XXXXXXXXX Pvt. Ltd. XXX, XXXXXXX
Building, XXXXXXX Delhi.1100XX
I, the above named
deponent, do hereby take oath and solemnly affirm as under :
1.
THAT I am the defendant
no.2 and Managing Director of defendant no.1 and authorized person of defendant
no.1 and well conversant with the facts of the case and competent to swear this
affidavit.
2.
THAT the contents of
the accompanying written statement have been drafted under my instructions by
our counsel and the same have been read over and explained to me and understood
by me as correct.
3.
THAT the contents of
the accompanying written statement are not being reproduced herein for the sake
of brevity, which may kindly be read as part of this affidavit.
DEPONENT.
VERIFICATION;
Verified at New Delhi
on this day of November, 20XX
that the contents of the above affidavit are true and correct to my knowledge
and no part of it is false or wrong.
DEPONENT.
IN THE HON’BLE HIGH COURT OF DELHI : AT
NEW DELHI.
CS(OS) NO.20XX/20XX
IN RE:
M/S XXXXXXXXX PVT.LTD. … PLAINTIFF
VERSUS
XXXXXXXXX PVT.LTD.&
ANR … DEFENDANTS
REPLY ON BEHALF OF THE DEFENDANTS TO THE
APPLICATION U/O 38 RULES 1 & 5 READ
WITH
SECTION 151 CPC
RESPECTFULLY SHOWETH:
PRELIMINARY OBJECTIONS:
1.
THAT the application is
only gross abuse and misuse of process of law and the plaintiff has no locus
standi nor have any legal right, title, interest, claim or concern whatsoever
of any nature and the suit filed by the plaintiff is hopelessly barred by time
and the plaintiff is not entitled to any amount whatsoever from the defendants
and thus the application deserves for outright dismissal.
REPLY ON MERITS:
1.
THAT the contents of
para no.1 of the application are matter of record so far as the plaintiff has
filed the false and frivolous suit against the defendants. The accompanying
written statement may kindly be read as part and parcel of this reply, which is
not being reproduced herein for the sake of brevity.
2.
THAT the contents of
para no.2 of the application are not denied to the extent that the defendants
placed purchase orders to the plaintiff for development of web portal and other
related services and further made advance payment of Rs. XXXXX/- prior to
placing purchase orders and further made the payment of Rs. XXXXXXX/- to the
plaintiff, rest as stated are absolutely wrong and denied. It is absolutely wrong and denied that the
plaintiff duly developed the web portal and delivered the same to the
defendants and thereafter submitted the bills to the defendants as alleged or
that there was ever any liability admitted by the defendants or that the
defendants have failed to make payment of balance amount as alleged. It is further absolutely wrong and denied
that after persistence persuasion, while admitting its liability and for
discharge of same in part, the defendants issued a cheque dated XX.XX.20XX or
that the defendants have failed to discharge its liability or that any amount
is outstanding and payable by the defendants or that the liabilities of the
defendants are piling up by addition of interest The whole of the story as made
out by the plaintiff is bundle of lies, purely concoction and product of the
own evil mind and is denied as whole.
Firstly, the plaintiff has never developed the web portal nor delivered
the same to the defendants and the plaintiff has failed to complete its part as
per the purchase orders and agreed terms and conditions and the bills/invoices
as alleged were raised never raised and plaintiff asked the payment without
completing the said work as per the purchase orders. There was never been any occasion for any
admission by the defendants. The defendants issued the said cheque dated XX.XX.20XX
for Rs. XXXXXX/- as advance payment against the new purchase order dated XX.XX.20XX
with the agreed terms and conditions and also plaintiff assured to complete the
work as per the purchase order XX.XX.20XX, which was never been done by the
plaintiff and malafidely presented the said cheque to usurp the said money of
the defendant no.1, as the plaintiff already wrongly possessing the sum of Rs.XXXXXX/-
of the defendant no.1. there is no due
or outstanding amount payable by the defendant no.1 to plaintiff. Reference be
made to the submissions in the accompanying written statement.
3.
THAT the contents of
para no.3 of the application as stated are absolutely wrong and denied. All the allegations made by the plaintiffs
are false, frivolous, concoction, misconceived and contrary to the facts. The conduct of the plaintiff is apparent that
had there been any such alleged due and outstanding amount due and allegedly
the plaintiff had raised the alleged invoices/bills dated XX.X.20XX and XX.X.20XX
after completion of the work and delivering the same to the defendant no.1,
then why the plaintiff had not taken any legal recourse for almost 4 years and
why filed the false and frivolous suit after X.X.20XX. Now the plaintiff has come up with false and
fabricated story and allegation. The
alleged apprehension as made out by the plaintiff is only self imagination and
concoction by the plaintiff. In fact the
plaintiff has filed the time barred suit and have abused and misused the
process of law and filed the present suit only with an intention to extract
money and blackmail the defendants, while the plaintiff is not entitled to any
amount from the defendants and the plaintiff did not narrate the single word in
the entire plaint for re-launched of project and conceal the entire fact of the
dealing with the defendants. Reference be made to the submissions in the
accompanying written statement.
4.
THAT the contents of
para no.4 of the application as stated are absolutely wrong and denied. It is
absolutely wrong and denied that there is any substantial and admitted amount
recoverable by the plaintiff from the defendants or that the amount pertains to
the services provided by the plaintiff to the defendants admitted bills or that
it is justifiable and equitable that the defendants may be directed to furnish
the security as alleged. All the allegations made by the plaintiffs are false,
frivolous, concoction, misconceived and contrary to the facts. There is no
merit or substance in the story as made out by the plaintiff as they have
twisted the facts just to mislead this Hon’ble Court. As already submitted the suit is time barred
and the plaintiff is not entitled to any sum or sums of money from the
defendants and the plaintiff has failed to provide the services and complete
the work and make deliveries as per the purchase orders to the defendant no.1
till date and as such there is no question of furnishing any security by the
defendants. Prima faciely the suit is
gross abuse and misuse of process of law, without any cause of action. Reference be made to the submissions in the
accompanying written statement.
5.
THAT the contents of para
no.5 of the application as stated are wrong and denied. It is absolutely wrong and denied that the
plaintiff has prima facie good case in its favour or that the balance of
justice and equity is in favour of the plaintiff or that the defendants made
part payment while admitting the debt or that they have failed to make the
payment of balance admitted amount or that the plaintiff has any such right and
interest for protection as alleged. All
the allegations made by the plaintiffs are false, frivolous, concoction,
misconceived and contrary to the facts.
As already submitted the plaintiff is not entitled to any relief
whatsoever in the present suit. The plaintiff has no case what to says of good
prima facie case. Reference be made to the submissions in the accompanying
written statement.
6.
THAT the contents of
para no.6 of the application as stated are absolutely wrong and denied. It is absolutely wrong and denied that the
plaintiff shall be prejudiced severely or that the plaintiff shall suffer
irreparable losses and injuries or that the defendants will succeed in
frustrating, avoiding and delaying the process of this Hon’ble Court and the
decree as may be passed or that no prejudice shall be caused to the defendants
or that the defendants is under obligation to discharge his liabilities as
alleged. All the allegations made by the
plaintiff are false, frivolous, concoction, misconceived and contrary to the
facts. It is respectfully submitted that
the defendants have no liability whatsoever and the present suit is gross abuse
of process of law and there is no question of any prejudice, suffering loss and
injury by the plaintiff, rather the suit has resulted into unnecessary
harassment to the defendants and the suit requires to be dismissed with special
costs. Reference be made to the
submissions in the accompanying written statement.
Prayer clause and sub clauses (a) to (c) are wrong
and denied and the plaintiff is not entitled to any relief.
P R A Y E R
It is, therefore, respectfully prayed that the suit
as well as application filed by the plaintiff being gross abuse and misuse of
process of law, without any locus standi and cause of action may kindly be
dismissed, with special exemplary costs in favour of the defendants and against
the plaintiff.
Any other relief(s) which this Hon’ble Court may
deems fit and proper be also granted in favour of the defendants and against
the plaintiff.
DEFENDANTS
THROUGH:
NEW
DELHI.
DATED:
COUNSEL.
IN THE HON’BLE HIGH COURT OF DELHI : AT
NEW DELHI.
CS(OS) NO.20XX/20XX
IN RE:
M/S XXXXXXXXXXXX
PVT.LTD. … PLAINTIFF
VERSUS
XXXXXXXXXX
PVT.LTD.& ANR … DEFENDANTS
AFFIDAVIT
Affidavit of Shri XXXXXXXXX,
Aged- XX Years, Managing Director of M/s XXXXXXXXXX Pvt.Ltd. XXX, XXXXXXXXX
Delhi.1100XX
I, the above named
deponent, do hereby take oath and solemnly affirm as under :
1.
THAT I am the defendant
no.2 and Managing Director of defendant no.1 and authorized person of defendant
no.1 and well conversant with the facts of the case and competent to swear this
affidavit.
2.
THAT the contents of
the accompanying reply to the application u/o 38 rules 1 & 5 read with
Sec.151 CPC have been drafted under my instructions by our counsel and the same
have been read over and explained to me in vernacular and understood by me as
correct.
3.
THAT the contents of
the accompanying reply are not being reproduced herein for the sake of brevity,
which may kindly be read as part of this affidavit.
DEPONENT.
VERIFICATION;
Verified at New Delhi on this day of November, 20XX that the
contents of the above affidavit are true and correct to my knowledge and no
part of it is false or wrong.
DEPONENT.
IN
THE HON’BLE HIGH COURT OF DELHI: AT NEW DELHI.
I.A.NO.___20XX
IN
CS(OS)
NO.20XX/20XX
IN RE:
M/S XXXXXXXX PVT.LTD.
… PLAINTIFF
VERSUS
XXXXXXXXX PVT.LTD.&
ANR … DEFENDANTS
APPLICATION UNDER ORDER VII RULE 11 READ
WITH
SECTION 151 CPC ON BEHALF OF DEFENDANTS
MOST RESPECTFULLY
SHOWETH;
1.
THAT the above noted
suit as filed by the plaintiff against the defendants is pending adjudication
before this Hon’ble Court.
2.
THAT the defendants
have already filed their written statement to the above noted suit. The contents whereof are not being reproduced
herein for the sake of brevity and the same may kindly be read as part and
parcel of this application.
3.
THAT the present suit
is only gross abuse and misuse of process of law and has been filed with
oblique motives and designs to harass the defendants and drag them into frivolous
litigation and further to usurp the sum of Rs. XXXXXX/- as paid by the
defendants to the plaintiff, while the plaintiff has failed to fulfill its
commitment and obligations as per the contract towards the defendant no.1 and
therefore the defendant no.1 is entitled to the refund of the said amount of
Rs. XXXXXX/- from the plaintiff along with interest. Thus the present suit as filed by the
plaintiff being legally not maintainable may kindly be dismissed with special
heavy costs.
4.
THAT the suit as filed
by the plaintiff is hopelessly barred by time limitation as according to the
case of the plaintiff they raised invoices dated XX.X.20XX and XX.X.20XX for
total amount of Rs. XXXXXXX/- and further that the defendant no.1 made the part
payment of Rs. XXXXXX/- on XX.XX.20XX apart from advance payment of Rs. XXXXXX/-
on XX.X.20XX, leaving the outstanding amount of Rs. XXXXXXX/-. However, the present suit has been filed by
the plaintiff on or after Xth July, 20XX i.e. beyond the period of
three years from the dates when the said invoices were raised and when the part
payment of Rs.XXXXXX/- was made on XX.XX.20XX and as such the suit is legally
not maintainable and is liable to be dismissed out rightly.
5.
THAT there arose no
cause of action in favour of the plaintiff and against the defendants for the
present suit and the suit is without any cause of action, hence is liable to be
dismissed u/o VII Rule 11 of CPC.
6.
THAT the suit is also
bad for misjoinder of party as the plaintiff has deliberately and malafidely
dragged and impleaded the defendant no.2 in the present suit, while as settled
law since the defendant no.1 is a separate legal entity and therefore no suit
lie against the defendant no.2 merely because he is the Managing Director of
the defendant no.1, and no personal/individual liability accrued upon the
defendant no.2. Hence the suit filed
against the defendant no.2 is liable to be dismissed and the defendant no.2 is
liable to be deleted from the array of the parties.
7.
THAT the plaintiff has
not come to this Hon’ble Court with clean hands and has not stated the true
facts and suppressed the true material facts from this Hon’ble Court. It is submitted that the plaintiff through
its representatives/officials induced and allured the defendant no.1 with tall
claims of their expertise on making web portal for wedding planning. On such tall claims, representations,
inducement and allurement of the plaintiff, the defendant no.1 bonafidely
agreed to place purchase order dated XX.XX.20XX to the plaintiff and the
plaintiff again reiterated and reassured the defendant no.1 to complete the
said purchase order as per the complete satisfaction, requirement and within
the time frame and further that the web application developed should include a
content Management System and Content Development & Creation including
creative content and images. It is
submitted that it has been specifically mentioned in both the said Purchase
Order dated XX.XX.20XX of defendants that “This order is in accordance with the
prices, terms, delivery method, and specifications as per the Scope Document
and other so many requirements in brief & conditions are mentioned in the
purchase order”
8.
THAT it is submitted
that the defendant no.1 bonafidely and in good faith, trust and belief upon the
plaintiff had made the payment of Rs. XXXXXX/- with the purchase order dated XX.XX.20XX
with all the terms and conditions of the defendants to the plaintiff on dated XX.X.20XX
at the time of placing the said Purchase Order.
Further the defendant no.1 bonafidely made the payment of Rs. XXXXX/- to
the plaintiff XX.XX.20XX. But to the
shock and surprise of the defendant no.1, the plaintiff failed to fulfill its
commitment, assurances and promises made to the defendant no.1 nor completed
and made deliveries as per the said purchase order dated XX.XX.20XX of
defendants and therefore, the defendant no.1 made correspondence through emails
and telephonically with the plaintiff and through various emails and telephonic
conversation requested the plaintiff for completing and making delivery as per
the purchase orders, but the plaintiff, as is apparent, showed its interest
only in recovering as much as possible money from the defendant no.1 and
apparently when no work was completed by the plaintiff, the plaintiff wrongly
and intentionally raised the said invoices dated XX.X.20XX and XX.XX.20XX and
this only goes to show their ill motivated designs and motives. All the requests and persuasion by the
defendant no.1 turned on deaf ears of the plaintiff, which is clearly visible
from the numerous emails correspondence as well as telephone conversation. The defendant no.1 was in state of shock and
dismay that despite receiving a huge amount of Rs.XXXXXX/- the plaintiff has
done nothing worth of the said amount, rather due to the intentional and
deliberate delay on the part of the plaintiff, the defendant no.1 suffered with
substantial economic loss as well as loss of expected business and
goodwill.
9.
THAT it is further
submitted that in spite of the said misconduct and failure on the part of the
plaintiff to complete the said purchase order which was submitted by the
defendants, and the plaintiff produced purchase order without any terms and
conditions of the plaintiff in this plaint and also the plaintiff regularly
forced and compelled the defendant no.1 for further payment by giving false
assurance and promise that they will complete the said purchase order of
plaintiff without further delay. In such
circumstances, the defendant no.1 issued a advance cheque no.XXXXX dated XX.XX.20XX
for Rs.XXXXX/- against the new purchase order dated XX.XX.20XX to the plaintiff
and it was assured to the defendants that the said payment is subject to
Delivery of Milestone (Master/Vendor) as per Schedule attached and delivery of
milestone is XXth October,20XX.
It was further assured that the plaintiff shall strive to achieve the
above mentioned Milestone earlier. In
the said email letter the plaintiff again assured and promises that “IN CASE THE ABOVE MENTIONED MILESTONE IS
NOT ACHIEVED AS PER SCHEDULE ATTACHED, THEN ABOVE PAYMENT SHALL BE REFUNDED AND
WILL BE DUE AT THE TIME OF ACHIEVEMENT OF MILESTONE.”
10.
THAT however, it is
submitted that since the intentions on the part of the plaintiff were bad right
from the beginning and after taking the said advance cheque, the plaintiff did
not show any interest and therefore, the defendant no.1 sent an email dated XX.XX.20XX
to the plaintiff and reiterated that payments will be done against the
delivery/achievement of certain Milestones/deliverables as the defendant no.1
revealed of the mischief designs and motives of the plaintiff in getting issued
the said advance cheque from the defendant no.1. It was also asked in the said email that the
plaintiff will deliver creative, Master & Vendor against the said cheque
payment and therefore deliver the Master Vendor by Monday take the UAT (User
Acceptance testing) and then take the payment accordingly. It was also requested to let the project go
smoothly and do not interfere unnecessary to deviate the same.
11.
THAT it is however
submitted to the further shock of the defendants when they received the email
dated XX.XX.20XX from the plaintiff, in which the plaintiff made false
statement that the Creative is closed and further that to continue the project
at its pace for delivery on XXst December,20XX, they demanded a
current dated payment and threatened that in case the payment of Rs.XX lakhs is
not done by XX.XX.20XX that the resources will be deployed on other project and
the development will be slowed and the project delivery shall be delayed. In this way the plaintiff started harassing
and threatening the defendant no.1 and making demand of payment without
fulfilling its obligations and commitment under the said contract and
apparently the plaintiff failed to complete any of the said project and portal
etc as per the actual purchase orders which was submitted by the defendants
with all the terms and conditions.
12.
THAT despite receiving
the huge amount of Rs.XXXXXX/- the plaintiff failed to render the service for
that much amount to the defendant no.1 and as such the defendant no.1 is
legally entitled to the recovery of the said amount of Rs.XXXXX/- from the
plaintiff. However, the plaintiff is not
entitled to any amount whatsoever from the defendant no.1 & 2 and when no
principal amount is due and outstanding the question of payment of interest
does not arise. Thus the suit as filed
by the plaintiff is liable to be dismissed with special costs.
13.
THAT the suit has not
been signed, verified and instituted by a duly authorized and competent person
and Shri XXXXX, is not a duly authorized person, nor he is personally well
conversant with the facts of the case and as such the suit is legally not maintainable
and is liable to be dismissed outrightly.
It is, therefore, respectfully prayed
that the suit thus being not maintainable on the first appearance and as such
the same may kindly be dismissed by framing the preliminary issue on the
maintainability of the suit, with heavy costs, for the ends of justice.
Any other relief which this Hon’ble
Court may deems fit and proper be also passed in favour of the
defendants/applicant and against the plaintiff.
DEFENDANTS
THROUGH:
NEW DELHI
DATED: COUNSEL.
IN
THE HON’BLE HIGH COURT OF DELHI : AT NEW DELHI.
I.A.NO.___20XX
IN
CS(OS)
NO.20XX/20XX
IN RE:
M/S XXXXXXX PVT.LTD. … PLAINTIFF
VERSUS
XXXXXXXX PVT.LTD.&
ANR … DEFENDANTS
Affidavit of Shri XXXXXXXX,
Aged-XX Years, Managing Director of M/s XXXXXXXXXXX Pvt.Ltd. XXX, XXXXXXXXXXX, XXXXXXXX
Delhi.1100XX
I, the above named
deponent, do hereby take oath and solemnly affirm as under :
1.
THAT I am the defendant
no.2 and Managing Director of defendant no.1 and well conversant with the facts
of the case and competent to swear this affidavit.
2.
THAT the contents of
the accompanying application u/o VII rule 11 read with Sec.151 CPC are drafted
under instructions by my counsel and the same have been read over and explained
to me and understood by me as correct.
3.
THAT the contents of
the accompanying application are not being reproduced herein for the sake of
brevity, which may kindly be read as part of this affidavit.
DEPONENT.
VERIFICATION;
Verified at Delhi on
this day of October, 20XX
that the contents of the above affidavit are true and correct to my knowledge
and no part of it is false or wrong.
DEPONENT.
IN THE HIGH COURT OF DELHI AT NEW DELHI
IN CS (OS)-20XX/20XX
IN RE-:
XXXXXXX PVT LTD …PETITIONER
VERSUS
XXXXXXXXXXXX PVT LTD & ANR …RESPONDENTS
AFFIDAVIT
Affidavit of Shri XXXXXXXXXX,
Aged-XX Years, Managing Director of M/s XXXXXXXX Pvt. Ltd. 214, XXXXXXXX, XXXXXXX,
XXXXXX, XXX Delhi.1100XX
I, the above named
deponent, do hereby take oath and solemnly affirm as under:
1.
THAT I am the defendant
no.2 and Managing Director of defendant no.1 and authorized person of defendant
no.1 and well conversant with the facts of the case and competent to swear this
affidavit.
2.
THAT the contents of
the accompanying Application Under order 8 rule 1 read with section 5 of
limitation act for condonation of delay have been drafted under my instructions
by our counsel and the same have been read over and explained to me and
understood by me as correct.
3.
THAT the contents of
the accompanying written statement are not being reproduced herein for the sake
of brevity, which may kindly be read as part of this affidavit.
DEPONENT.
VERIFICATION;
Verified at New Delhi on this day of December, 20XX that the
contents of the above affidavit are true and correct to my knowledge and no
part of it is false or wrong.
DEPONENT