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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