Monday, April 3, 2023

Petition for Leave to defend in Summary Suit by the Opposite Party

 

IN THE HON’BLE CITY CIVIL COURT AT DINDOSHI

SUMMARY SUIT NO.               OF 2023

(Under Order XXXVII, Rule 2 of the Code of Civil Procedure Code 1908)

 

                                                          In the matter of ;

M/s. Viva Composite Panel Private Limited,

                             ______Applicant

-      Versus –

Mr. Ramchandra Shaw,

                      _____Opposite Party

 

Petition for Leave to Defend in Summary Suit;

 

The humble petition of the Opposite Party, most respectfully;

 

Sheweth as under ;

 

1.   That this Opposite Party is in receipt of Notice from Mediation Centre, 3rd Floor, City Civil & Session Court, Dindoshi, General Arun Kumar Vaidya Marg, Goregaon (East), Mumbai – 400097, which is a copy with the Petition under Order XXXVII, Rule 2 of the Code of Civil Procedure Code 1908. This Opposite Party astonished on receipt of such notice and copy of the said alleged summary suit lodged against this Opposite Party.

 

2.   That this Opposite Party states that this Opposite Party is not acquainted and conversant with the applicant M/s. Viva Composite Panel Private Limited. This Opposite Party never entered into any transaction with the applicant. This opposite party did not deal with the alleged item of the applicant.

 

3.   That this Opposite Party states that this Opposite Party has never approached the applicant in any year including the year 2020. This opposite party was never interested to do business with the applicant and did never have any desire to purchase the Aluminum composite sheets. This opposite party is not dealing with any business of the alleged Aluminum composite sheets. Therefore the alleged business transaction is false and frivolous, as given by the applicant.

 

4.   That this Opposite Party did not purchase any Aluminum composite sheets, thus the order, challan, and invoice related to that are all baseless, false and frivolous.

 

5.   That this Opposite Party was not in any receipt of the notices, as allegedly described by the applicant. If the opposite party was in receipt of the notices as alleged by the applicant, this opposite party could sufficiently answered on the same, at the earliest available opportunity.

 

6.   That this Opposite Party lodged a General Diary with the concerned Police Station regarding loss of his Cheque Book, including Cheque number 856877, and therefore giving any cheque in favour of the applicant does not arise. The opposite party did not cause any transaction with the applicant.

 

7.   That this opposite party states that the applicant fraudulently placed the present suit against the opposite party for its wrongful gain.

 

8.   That this Opposite Party states very specifically in the following;

 

(a)  This Opposite Party was not in receipt of the alleged Aluminum composite sheets;

(b)  This Opposite Party have no iota or knowledge about the alleged Aluminum composite sheets;

(c)  This Opposite Party did never place any order to the applicant about the alleged Aluminum composite sheets;

(d)  This Opposite Party do not have any knowledge about the applicant and its business;

(e)  This Opposite Party was not contacted by any representative of the applicant;

(f)   This Opposite Party was not in any receipt of the notices as allegedly described by the applicant;

(g)  This Opposite Party was not given any cheque to the applicant;

(h) This opposite party has no business relation with the applicant as allegedly described;

(i)   This Opposite Party did not give any cheque to the applicant;

(j)   This opposite party already lodged General Diary Entry with the concerned Police Station regarding loss of Cheque which include Cheque number 856877;

(k)  The present suit has been lodged fraudulently by the applicant to enrich its wrongful gain;

 

9.   That this Opposite Party denied of any payment of alleged outstanding of Rs. 2,72,648/- (Rupees Two Lakhs Seventy Two Thousand Six Hundred and Forty Eight Only), along with interest @ 18% p.a. and any other payment, so far, as may be described by the applicant.

 

10.                That in the given fact stated above this opposite party seeks leave to defend the present Summary Suit, lodged by the applicant, in the interest of administration of Justice.

 

11.                That unless the opposite party avail leave of the Learned Court to defend the Summary Suit, this Opposite Party will highly prejudice and suffer with irreparable loss and injury thereof.

 

12.                That preponderance of balance of convenience and inconveniences are in favour of the Opposite Party, and the applicant will not prejudice.

 

13.                That this application is made bonafide, and in the interest of administration of Justice.

 

It is therefore prayed that your Honour would graciously be pleased to allow this application and to grant leave to the opposite party to defend the present Summary Suit, in the interest of administration of Justice, and or to pass such other necessary order or orders, as your Honour may deem, fit and proper for the end of Justice.

 

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

 

 

Verification

 

I, Sri Ramchandra Shaw, being the Opposite Party, in the present Summary Suit, placed the present application for Leave to defend the Summary Suit lodged by the applicant. I am conversant and acquainted with the material fact of the present Summary Suit, as derived from the copy of the suit, etc. I  sign and verify the petition on ______April’ 2023, at Kolkata.

 

 

 

 

 

 

Affidavit

 

I, Ramchandra Shaw, Son of Kapil Shaw, aged about _____years, by faith Hondu, by Occupation Unemployed, residing at Purba Baidyapara, Rajpur Sonarpur, 24 Parganas South, Sonarpur, Kolkata – 700150, do hereby solemnly affirm and says as follows;

 

1.   That I am the Opposite Party as shown in the present Summary Suit lodged by the applicant. I am competent to swear this affidavit. I am conversant and acquainted with the material facts as derived from the contents of the alleged Summary Suit.

 

2.   That the statement of Paragraph no. ____to _____ are true to my knowledge and belief and the rests are my humble submissions before the Learned Court.

 

The statements made above are true to the best of my knowledge and belief.

 

 

DEPONENT

Identified by me,

 

 

Advocate

 

Prepared in my Chamber,

 

 

Advocate

 

Dated : ________April’ 2023;

Place : Kolkata

N O T A R Y

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