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.

P R A Y E R

 

 

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

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

 

 

 

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