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
Written
Statement of the Opposite Party;
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
the Plaint is not maintainable in its present form, either in terms of Law or
in terms of the fact.
11.
That
the Plaint is speculative, harassing, motivated and barred by the Principle of
Law and hence it is liable to be rejected at once, inlimnie.
12.
That
the Plaint is suffering from suppression of material facts, and therefore
liable to be dismissed at once, with exemplary cost.
13.
That
the Plaint is suffering from any legal demand and thereby cause of action, the
plaint is motivated and without any jurisdiction.
14.
That
the Opposite Party do not admit the allegations made in the plaint to be true
and save and except those that are specifically admitted he put the applicant
to the strict proof of the rest.
15.
That
the contents of the Plaint are vague and based on after thought concocted
story, made out by the applicant to in-clinch issues in its favour, and thus no
part of the contents of the plaint has ever been admitted by the opposite
party, except those are the matter of records.
16.
That
the plaint has been lodged by the applicant against the opposite party with
oblique motive to cause several hassle and harassment to this opposite party.
17.
That
there is no commercial transaction or any nature of commercial disputes has
ever been existed between the opposite party and the applicant, therefore the
present summary suit is not maintainable in its present form, before the
Learned Court.
18.
That
the present summary suit is an endeavor of the fraudulent approach by the
applicant against this opposite party for its wrongful gain, therefore the
present summary suit is not maintainable in its present form.
19.
Save
and except the statements made in the said plaint which are matter of record,
the Opposite Party denies each and every allegations contained in the said Plaint
and calls upon the applicant to strict proof of the said allegations.
20.
That
without waiving any of the aforesaid objections and facts and fully relying
thereupon and without prejudice to the same. The Opposite Party now deals with
specific paragraphs of the said plaint of the summary suit in seriatim as
hereunder.
21.
That
with reference to the statements made in paragraph nos. 1, 2, and 3, of the
Plaint, this Opposite Party reiterates the above stated facts in preceding
paragraph herein above. The Opposite Party states that since there is no
transaction in between the Opposite Party and the applicant, the contents
whereof in paragraph number 1, 2, and 3, are baseless and of no use to sustain
in the entirety of the fact as well as in the Law. This Opposite Party have no
knowledge about the applicant, and the Opposite Party has never dealing with
the alleged transaction.
22.
That
with reference to the statements made in paragraph nos. 4(a), 4(b), 4(c), and
4(d), of the Plaint, this Opposite Party reiterates the above stated facts in
preceding paragraph herein above. This Opposite Party states very specifically
in the following;
(i)
This
Opposite Party was not in receipt of the alleged Aluminum composite sheets;
(ii)
This
Opposite Party have no iota or knowledge about the alleged Aluminum composite
sheets;
(iii)
This
Opposite Party did never place any order to the applicant about the alleged
Aluminum composite sheets;
(iv)
This
Opposite Party do not have any knowledge about the applicant and its business;
(v)
This
Opposite Party was not contacted by any representative of the applicant;
(vi)
This
Opposite Party was not in any receipt of the notices as allegedly described by
the applicant;
(vii)
This
Opposite Party was not given any cheque to the applicant;
(viii)
This
opposite party has no business relation with the applicant as allegedly
described;
(ix)
This
Opposite Party did not give any cheque to the applicant;
(x)
This
opposite party already lodged General Diary Entry with the concerned Police
Station regarding loss of Cheque which include Cheque number 856877;
(xi)
The
present suit has been lodged fraudulently by the applicant to enrich its
wrongful gain;
23.
That
this Opposite Party states that the present Summary Suit is not bonafide
against this Opposite Party, and the applicant is not entitled to get any
relief in terms of its prayer made therein from this opposite party.
24.
That
in the fact and in the law, it is totally evident from the application itself
that the applicant made its purported endeavor to put the Learned Court into
motion to get its wrongful gains.
25.
That
in the facts and in the law, it is totally evident from the application itself
that the applicant is trying to miss utilizing the jurisdiction of the Learned
Court.
26.
That
in the above circumstances, there is no cause of acti9on for the present
Summary Suit , against this opposite party, therefore this opposite party
accordingly pray that the present Summary Suit be dismissed with Costs.
27.
That
in view of the facts that this Opposite Party is victim of the purported
alleged allegations and wrongful demand, the Opposite Party hereby seeking
compensation as of Rs. 1,00,000/- (Rupees One Lakh) only, for harassment, and
mental anxiety, arising from the situation of the present proceeding by the
applicant, against this opposite party, before the Learned Court.
28.
That
the applicant neither has any cause of action nor the basis for filling the
present Summary Suit and the applicant’s plaint is entirely baseless and
misconceived and deserve to be dismissed on this ground alone.
29.
That
the Plaint is false, frivolous and vexatious and has been filed with mala-fide
intention and as such deserves to be dismissed with special exemplary costs.
30.
That
in the given circumstances, and enumerated facts, this opposite party seeking
the dismissal of the plaint filed by the applicant, with exemplary cost.
31.
That
this Opposite Party crave leave to produce any other necessary documents and or
papers, in the present Summary Suit proceeding at the time of hearing and or
placing the Evidence on Affidavit, before the Learned Court, in the interest of
administration of justice.
32.
That
unless the Learned Court accept the Written Statement of the Opposite Party,
this Opposite Party will highly prejudice and suffer with irreparable loss and
injury thereof.
33.
That
preponderance of balance of convenience and inconveniences are in favour of the
Opposite Party, and the applicant will not prejudice.
34.
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 accept the written statement of this
opposite party and to dismissed 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 written statement in 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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