In the Court
of the Learned Civil Judge (Senior Division) Barasat,
_____Court
North 24
Parganas
Title Suit of 2025
In the matter of ;
M/s. JSB Construction
& Trading Company, A Sole Proprietorship Firm, Having its Office at Bank
Road, Purana Bazar, Near Dari Mohalla, Dhanbad-828130, Represented by its
Proprietor, Mr. Sunil Kumar Soni, Son of Sri Bajarang Lal Soni, aged about 42
years, residing at Bank Road, Purana Bazar, Near Dari Mohalla, Dhanbad-828130,
Mobile No.: 9431532121, Email : jsb8314@gmail.com
____________Plaintiff
Injunction
Petition
-
Versus
–
(1) M/s. R. N. Infra, a Sole Proprietorship Firm, having
its Office at Premises no. 141, Girish Ghosal Road, 24 Parganas (North),
Garifa, West Bengal, PIN – 743166, represented through its Proprietor Sri
Nitesh Agarwal. Mobile No.: 9831723885/ 7439322148, Email : sales.rninfra@gmail.com
(2) M/s. Anand Kumar
Singhania, a Proprietorship Firm, having its Office at Premises being no.
48/16, Jessore Road, Tulsi Dham, Sarswati Apartment, DS-4, Bangur, Kolkata –
700055, represented through its Proprietor Anand Kumar Singhania, Son of Shiv
Kumar Singhania, Mobile No.: 7070090190, Email : anandshiw77@gmail.com
(3) BHARAT HEAVY ELECTRICALS LIMITED, Power Sector –
Eastern Region, BHEL Bhawan, Karunamoyee, DJ-9/1, Sector II, Salt Lake City,
Kolkata 700091, Email : tbg.jeerat1@gmail.com
(4) POWER GRID CORPORATION OF INDIA LIMITED, CF-17, Action
Area 1C, New Town, Rajarhat, Kolkata 700156, Email : newjeerat@gmail.com
_____________Defendants
An application
under Order 39 Rule 1 & 2, read with Section 151 of the Code of Civil
Procedure’ 1908;
The
Plaintiff most respectfully showeth as under;
1.
The Plaintiff has filed the
accompanying Title Suit against the Defendants for recovery of a sum of Rs.
9,77,120.96 (Rupees Nine Lakhs Seventy-Seven Thousand One Hundred Twenty and
Paise Ninety-Six only) along with interest @18% p.a. from 31.03.2021 till
realization.
2.
The Plaintiff is a Sole Proprietorship
Firm engaged in construction and trading activities, duly represented by its
Proprietor Mr. Sunil Kumar Soni, and having its office at the address mentioned
above in the cause title of the Plaint.
3.
The Plaintiff was engaged in Work
Contract assigned by the Defendant no. 2, M/s. Ananda Kumar Singhania, at the
Work Site of the Defendant no. 3 & 4, herein at Plot No. 956, Mouza 103
Narapatipara, Nadia – 741248, West Bengal.
4.
The Defendant no. 1, is carrying on
business under the name and style of M/s. R.N. Infra, a Sole Proprietorship
Firm, through its Sole Proprietor Sri Nitesh Agarwal, in supplying the Cements
and building materials. The Defendant no. 1, M/s. R.N. Infra is very close to
the Defendant no. 2, herein M/s. Ananda Kumar Singhania, therefore the
Defendant no. 2, herein cause to prefer the Defendant no. 1, herein M/s. R. N.
Infra in assailing gain thereof in between them. Thus the Defendants
substantially victimized the plaintiff under their connivance.
5.
The Plaintiff, upon insistence of the
defendant no. 2, Mr. Anand Kumar Singhania, was compelled to procure cement
from the Defendant no. 1, M/s. R.N. Infra instead of its own vendors. The
Plaintiff used to have materials i.e. Cement and other Building materials from
his own Vendors; But since Anand Kumar Singhania, of Premises being no. 48/16,
Jessore Road, Tulsi Dham, Bangur, Kolkata – 700055, insisted to take goods and/
or building materials from the Defendant no. 1. The Plaintiff started taking
goods and/ or building materials, more particularly Cement from the Defendant
no. 1, M/s. R.N. Infra. The Plaintiff was compelled to take Cement from the
Defendant no. 1, M/s. R.N. Infra by the Defendant no. 2, Anand Kumar Singhania,
who given the Contract of the Work Order to the Plaintiff as (i) Work Order No.
TBSM/JEERAT/CIVIL/PKG-V/WO/40/18-19, Dated 25.02.2019, and (ii) Work Order No.
TBSM/JEERAT/CIVIL/PKG-IV/WO/39/18-19, Dated 25.02.2019. The Plaintiff was
compelled to take Cement from the Defendant no. 1, M/s. R.N. Infra at the
instances of the Defendant no. 2, Anand Kumar Singhania, in carrying such
Contract as assigned by the Defendant no. 2, to the Plaintiff. Such Contract
Work was carrying at the Site of the Defendant no. 3 & 4, herein in the
District Nadia, West Bengal.
6.
Though the Plaintiff placed orders for
ACC Cement, the Defendant no. 1, supplied Dalmia Cement on various occasions,
which was of lower market value. Nevertheless, the Plaintiff utilized the
cement at the project sites as per the instructions of Mr. Anand Kumar
Singhania. There was requirement of ACC Cement, and the Order
in respect of ACC Cement has been placed by the plaintiff to the Defendant no.
1, M/s. R. N. Infra; But the Defendant no. 1, M/s. R.N. Infra, used to supplied
Dalmia Cement, on some of the occasion, which have lower valued than the ACC
Cement, and the said Anand Kumar Singhania being the Defendant no. 2, herein
asked the Plaintiff to take the Dalmia Cement under the connivance with the
defendant no. 1, herein, and used the same at the Work; on such insisted upon
by the said Anand Kumar Singhania, the plaintiff taken the indifferent Cement
in compelling situation from the defendant no. 2, herein, who assigned the Work
Order on obtaining the said Work Order from the Defendant no. 3 & 4,
herein.
7.
After making necessary adjustments for
the variation in the quality and pricing of the cement, a sum of Rs. 9,77,120.96 (Rupees Nine Lakhs Seventy-Seven
Thousand One Hundred Twenty and Paise Ninety-Six only) was found due and
payable by the Defendant no. 1, as on 31.03.2021. The Ledger
Account of M/s. R.N. Infra, for the period 1-April-2020 to 31-March-2021,
clearly shows a sum of Rs. 9,77,120.96 (Rupees Nine Lakhs Seventy Seven
Thousand and One Hundred Twenty and paise Ninety Six ) only, is due and payable
by the said Defendant no. 1, M/s. R.N. Infra, whose Sole Proprietor is Nitesh
Agarwal, to the Plaintiff. Such sum of money has been calculated as on
31-March-2021, incorporating all adjustment more particularly the values
indifferent of ACC Cement and Dalmia Cement. Such dues and payable is entitled
with the interest thereon since 31st day of March’ 2021, till
realization, thereof by the Plaintiff.
8.
The Defendant no. 1, M/s. R.N. Infra
represented by the said Nitesh Agarwal, did not make such payment to the
Plaintiff, till this day. The Plaintiff is a Creditor and the said M/s. R.N.
Infra being the Defendant no. 1, herein represented by the said Nitesh Agarwal,
being the Sole Proprietor is a Debtor in respect of a sum of Rs. 9,77,120.96
(Rupees Nine Lakhs Seventy Seven Thousand and One Hundred Twenty and paise
Ninety Six ) only, payable to the Plaintiff.
9.
The Plaintiff approached the Defendant
no. 1, M/s. R. N. Infra on several occasions for the sum payable by the
defendant no. 1, as of Rs. 9,77,120.96 (Rupees Nine Lakhs Seventy Seven
Thousand and One Hundred Twenty and paise Ninety Six ) only, calculated as on
31-March-2021, but the defendant no. 1, herein did not heed to that and thus
yield no result, so far.
10.
The Plaintiff is entitled to get and
recovered the said sum of Rs. 9,77,120.96 (Rupees Nine Lakhs Seventy Seven
Thousand and One Hundred Twenty and paise Ninety Six ) only, calculated as on
31-March-2021, and the interest thereon @ 18% till realization from the
defendant no. 1, M/s. R. N. Infra, herein.
11.
However, the Plaintiff was in belief
that good sense will prevail on the Defendant no. 1, M/s. R. N. Infra,
therefore, the Plaintiff seeks to get a sum of Rs. 9,77,120.96 (Rupees Nine
Lakhs Seventy Seven Thousand and One Hundred Twenty and paise Ninety Six )
only, calculated as on 31-March-2021,and the interest thereon @ 18% till
realization from the defendant NO. 1, m/S. r. n. Infra, at the earliest, by way
of serving a Legal Notice being Ref.:
AKS/JSBC/1707-1067/23, Date : 28th day of August’ 2023, through the
Learned Advocate of the Plaintiff, which the defendant no. 1, was in receipt of
the said Legal Demand Notice, though did not pay any sum of money to the
Plaintiff.
12.
The Defendant no. 1, R.N. Infra, herein
replied the said Legal Demand Notice by way of Reply Letter dated 18-09-2023,
through his Learned Advocate, and thereby denying in formal without any
specific denial so far. Resulting the denial of money to the Plaintiff.
13.
Despite repeated requests and demands
made by the Plaintiff, the Defendant no. 1, M/s. R. N. Infra have failed to
make the payment of the outstanding dues, thereby necessitating the filing of
the present suit.
14.
The Plaintiff has claimed interest @18%
p.a. on the said principal sum from 31.03.2021 till realization.
15.
The Defendant no. 3, BHARAT HEAVY ELECTRICALS LIMITED, Power Sector –
Eastern Region, BHEL Bhawan, Karunamoyee, DJ-9/1, Sector II, Salt Lake City,
Kolkata 700091, Email : tbg.jeerat1@gmail.com and the Defendant no. 4, POWER GRID CORPORATION OF
INDIA LIMITED, CF-17, Action Area 1C, New Town, Rajarhat, Kolkata 700156, Email
: newjeerat@gmail.com are the necessary parties even after no claim has
ever been seeks by the Plaintiff, as the Plaintiff was engaged under the Work
Order of the Defendant no. 3 & 4, assigned by the Defendant no. 2, M/s.
Ananda Kumar Singhania, at the Work Site of the Defendant no. 3 & 4, at Plot
No. 956, Mouza 103 Narapatipara, Nadia – 741248, West Bengal.
16.
The cause of action for filing the
present suit arose in the year 2020-2021 when the Defendant no. 1, M/s. R. N.
Infra supplied building materials more particularly Cements, to the Plaintiff
under the insistence and directions of Mr. Anand Kumar Singhania and against
specific work orders issued by Bharat Heavy Electricals Limited (BHEL) and
Power Grid Corporation of India Limited (PGCIL). The cause of action further
arose when the Defendant no. 1, M/s. R. N. Infra failed and neglected to make
the payment of the outstanding dues, despite repeated demands, and lastly on
18-09-2023 when the Defendant no. 1, M/s. R.N. Infra failed to respond to the
Plaintiff’s Demand Notice dated 28.08.2023. The cause of action continues and
is subsisting.
17.
That during the course of business, the
Plaintiff had supplied work and materials as required under instructions of the
Defendants, but the outstanding payments remain unpaid despite repeated
demands, as detailed in the Plaint.
18.
The Plaintiff apprehends that during
the pendency of the present suit, the Defendant no. 1, M/s. R. N. Infra,
through its Proprietor Nitesh Agarwal, may alienate, dispose of, transfer,
encumber or otherwise deal with its assets, including its immovable and movable
properties, bank accounts, and receivables, with an intent to defeat and
frustrate the decree that may be passed against it in the present suit.
19.
If such alienation or transfer takes
place, the Plaintiff will suffer irreparable loss and injury, and the
Plaintiff’s legitimate claim will be rendered nugatory and meaningless.
20.
The balance of convenience lies in
favor of the Plaintiff, who has a strong prima facie case based on documentary
evidence such as Work Orders, Ledger Accounts, Invoices, and communications.
21.
Unless a temporary injunction is
granted, restraining Defendant no. 1 from transferring, alienating,
encumbering, or disposing of its assets during the pendency of the present
suit, the Plaintiff will suffer irreparable loss and injury, and the suit
itself may become infructuous.
22.
That no prejudice will be caused to the
Defendant no. 1 if such injunction is granted, whereas grave and irreparable
harm would be caused to the Plaintiff if it is not granted.
23.
The application is made bona fide and
in the interest of justice.
In
view of the aforesaid facts and circumstances, the Plaintiff most humbly prays
that this Hon’ble Court may be pleased to:
a)
Pass an order of temporary injunction restraining the Defendant no. 1, its
Proprietor, servants, agents, representatives, and any person acting on its
behalf, from transferring, alienating, encumbering, parting with possession, or
otherwise dealing with any of its assets, movable or immovable properties,
including bank accounts, during the pendency of the present suit;
b)
Pass an order directing the Defendant no. 1 to furnish security for the suit
amount of Rs. 9,77,120.96 (Rupees Nine Lakhs Seventy-Seven Thousand One Hundred
Twenty and Paise Ninety-Six only) to the satisfaction of this Hon’ble Court;
c)
Pass such other or further order or orders as this Hon’ble Court may deem fit
and proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE
PLAINTIFF AS IN DUTY BOUND SHALL EVER PRAY.
Verification
I,
Sunil Kumar Soni, son of Sri Bajarang Lal Soni, aged about 42 years, Proprietor
of M/s. JSB Construction & Trading Company, having my office at Bank Road,
Purana Bazar, Near Dari Mohalla, Dhanbad-828130, the Plaintiff above-named, do
hereby verify that the statements made in paragraphs 1 to 16 of the Plaint are
true to my knowledge and belief, based on records and information available
with me, and that I believe the same to be true. No part of this Plaint is
false and nothing material has been concealed therefrom.
Verified
at Barasat, North 24 Parganas, on this ___ day of _______, 2025.
Sunil Kumar
Soni
(Proprietor, JSB Construction &
Trading Company)
Affidavit of the Plaintiff
Affidavit
I,
Sunil Kumar Soni, son of Late
Sri Bajarang Lal Soni, aged about 42 years, by faith Hindu, by Occupation
Business, residing at Bank Road, Purana Bazar, Near Dari Mohalla, Dhanbad –
828130, Proprietor of M/s. JSB Construction & Trading Company, do hereby
solemnly affirm and declare as under:
1.
That
I am the sole Proprietor of the Plaintiff Firm and I am duly authorized and
competent to swear this Affidavit on behalf of the Plaintiff.
2.
That
I have read and understood the contents of the accompanying Plaint, paragraphs
1 to 16, and I state that the facts mentioned therein are true and correct to
my knowledge, belief, and information derived from records maintained during
the regular course of business.
3.
That
the cause of action for the present suit arose within the jurisdiction of this
Hon’ble Court, and the present suit is being filed within the prescribed period
of limitation under the Limitation Act, 1963.
4.
That
the Plaintiff is entitled to recover from the Defendant No. 1 a sum of Rs.
9,77,120.96 (Rupees Nine Lakhs Seventy-Seven Thousand One Hundred Twenty and
Paise Ninety-Six only) along with interest at the rate of 18% per annum from
31.03.2021 till the date of realization.
5.
That
no part of the claim has been satisfied or adjudicated in any other forum, and
no suit or proceeding is pending elsewhere between the same parties regarding
the subject matter of the present suit.
6.
That
the statements made hereinabove are true and correct to my knowledge and
belief. No material facts have been concealed.
DEPONENT
Identified by me,
Advocate
Drafted
& Prepared in my Chamber,
Advocate
Date
: ___________________2025
Place
: Barasat, North 24 Parganas
N O T A R Y
Documents relied on by the Plaintiff
1. Work Order No.
TBSM/JEERAT/CIVIL/PKG-V/WO/40/18-19, Dated 25.02.2019;
2.
Work
Order No. TBSM/JEERAT/CIVIL/PKG-IV/WO/39/18-19, Dated 25.02.2019;
3.
Authorization
Letter by the Defendant no. 2;
4.
Ledger
Account of M/s. R. N. Infra;
5.
Invoices
of M/s. R.N. Infra;
6.
Bank
Statements of the Plaintiff;
7.
Email
Communications;
8.
Challan
of Goods Delivery;
9.
Legal
Demand Notice being Reference No. AKS/JSBC/1707-1067/23, dated 28th
day of August’ 2023, with Postal receipts and Track Report;
10.
Reply dated
18-09-2023, by the defendant no. 1, M/s. R.N. Infra;
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