In the Court
of the Learned Civil Judge (Senior Division) Barasat,
3rd
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
-
Versus
–
(1) NITESH MARKETING
PRIVATE LIMITED, a Company within the meaning of The Companies Act 2013, having
its registered office at 141, Girish Ghosal Road, 24 Parganas (North), Garifa, Police
Station – Naihati, West Bengal, PIN-743166. Email : info@niteshmarketing.com
(2) Sri Nitesh Agarwal, (DIN : 00159084), Director of M/s. NITESH MARKETING PRIVATE LIMITED, a
Company within the meaning of The Companies Act 2013, having its registered
office at 141, GirishGhosal Road, 24 Parganas (North), Garifa, Police Station –
Naiahati, West Bengal, PIN-743166. Email : info@niteshmarketing.com
(3) Gobinda
Agarwal, (DIN : 00266042),Director of
M/s.
NITESH MARKETING PRIVATE LIMITED, a Company within the meaning of The Companies
Act 2013, having its registered office at 141, GirishGhosal Road, 24 Parganas
(North), Garifa, Police Station – Naihati, West Bengal, PIN-743166. Email : info@niteshmarketing.com
(4) Laxmi Agarwal
(DIN : 00222201),Director of M/s. NITESH MARKETING
PRIVATE LIMITED, a Company within the meaning of The Companies Act 2013, having
its registered office at 141, GirishGhosal Road, 24 Parganas (North), Garifa,
Police Station – Naihati, West Bengal, PIN-743166. Email : info@niteshmarketing.com
(5) 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
(6) 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
(7) POWER GRID CORPORATION OF INDIA LIMITED, CF-17, Action
Area 1C, New Town, Rajarhat, Kolkata 700156, Email : newjeerat@gmail.com
_____________Defendants
Suit for
Recovery of Money
Valued at Rs. 5,21,053/-
(Rupees Five Lakhs Twenty One Thousand and Fifty Three) only.
The
Plaintiff most respectfully showeth as under;
1.
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.
2.
The Plaintiff was engaged in Work
Contract assigned by the Defendant no. 5, M/s. Ananda Kumar Singhania, at the
Work Site of the Defendant no. 6 & 7, herein at Plot No. 956, Mouza 103
Narapatipara, Nadia – 741248, West Bengal.
3.
The Defendant no. 1, is carrying on
business under the name and style of M/s. Nitesh Marketing Private Limited, a
Company incorporated under the Company Act 2013, in supplying the Cements and
building materials. The Defendant no. 1, M/s. Nitesh Marketing Private Limited represented
through its Director (a) Nitesh Agarwal, (b) Gobinda Agarwal, & (c) Laxmi
Agarwal, are very close to the Defendant no. 5, herein M/s. Ananda Kumar
Singhania, therefore the Defendant no. 5, herein cause to prefer the Defendant
no. 1, herein M/s. Nitesh Marketing Private Limited in assailing gain thereof
in between them. Thus the Defendants substantially victimized the plaintiff
under their connivance.
4.
The Plaintiff, upon insistence of the
defendant no. 5, Mr. Anand Kumar Singhania, was compelled to procure cement
from the Defendant no. 1, M/s. Nitesh Marketing Private Limited 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. Nitesh Marketing
Private Limited. The Plaintiff was compelled to take Cement from the Defendant
no. 1, M/s. Nitesh Marketing Private Limited by the Defendant no. 5, 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. Nitesh
Marketing Private Limited at the instances of the Defendant no. 5, Anand Kumar
Singhania, in carrying such Contract as assigned by the Defendant no. 5, to the
Plaintiff. Such Contract Work was carrying at the Site of the Defendant no. 6
& 7, herein in the District Nadia, West Bengal.
5.
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. Nitesh Marketing Private Limited; But the Defendant no. 1, M/s. Nitesh
Marketing Private Limited, 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. 5, 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. 5, herein, who assigned the Work Order on obtaining the said Work
Order from the Defendant no. 6 & 7, herein.
6.
After making necessary adjustments for
the variation in the quality and pricing of the cement, a sum of Rs.
5,21,053/- (Rupees Five Lakhs Twenty One Thousand and Fifty Three) only
was found due and payable by the Defendant no. 1, as on 31.03.2021.
The Ledger Account of M/s. Nitesh Marketing Private Limited, for the period 10-01-2021
to 31-March-2021, clearly shows a sum of Rs. 5,21,053/- (Rupees Five Lakhs
Twenty One Thousand and Fifty Three) only, is due and payable by the said
Defendant no. 1, M/s. Nitesh Marketing Private Limited, whose Directors are the
defendant no. 2, 3, and 4, herein, 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.
7.
The Defendant no. 1, M/s. Nitesh
Marketing Private Limited, represented by the said Directors being the
Defendant no. 2, 3, & 4, herein, did not make such payment to the
Plaintiff, till this day. The Plaintiff is a Creditor and the said M/s. Nitesh
Marketing Private Limited being the Defendant no. 1, herein represented by the
said Directors being the defendant no. 2, 3, & 4, are Debtor in respect of
a sum of Rs. 5,21,053/- (Rupees Five Lakhs Twenty One Thousand and Fifty Three)
only, payable to the Plaintiff.
8.
The Plaintiff approached the Defendant
no. 1, M/s. Nitesh Marketing Private Limited on several occasions for the sum
payable by the defendant no. 1, as of Rs. 5,21,053/- (Rupees Five Lakhs Twenty
One Thousand and Fifty Three) 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.
9.
The Plaintiff is entitled to get and
recovered the said sum of Rs. 5,21,053/- (Rupees Five Lakhs Twenty One Thousand
and Fifty Three) only, calculated as on 31-March-2021, and the interest thereon
@ 18% till realization from the defendant no. 1, M/s. Nitesh Marketing Private
Limited, herein.
10.
However, the Plaintiff was in belief
that good sense will prevail on the Defendant no. 1, M/s. Nitesh Marketing
Private Limited, therefore, the Plaintiff seeks to get a sum of Rs. 5,21,053/-
(Rupees Five Lakhs Twenty One Thousand and Fifty Three) only, calculated as on
31-March-2021,and the interest thereon @ 18% till realization from the
defendant No. 1, M/S. Nitesh Marketing Private Limited, at the earliest, by way
of serving a Legal Notice being Ref.:
AKS/JSBC/1707-1068/23, 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.
11.
The Defendant no. 1, M/s. Nitesh
Marketing Private Limited, herein replied the said Legal Demand Notice by way
of Reply Letter dated 15-09-2023, through its Learned Advocate, and thereby
denying in formal without any specific denial so far. As such resulting the
denial of money to the Plaintiff.
12.
Despite repeated requests and demands
made by the Plaintiff, the Defendant no. 1, M/s. Nitesh Marketing Private
Limited have failed to make the payment of the outstanding dues, thereby
necessitating the filing of the present suit.
13.
The Plaintiff has claimed interest @18%
p.a. on the said principal sum from 31.03.2021 till realization.
14.
The Defendant no. 6, 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. 7, 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. 6 & 7, assigned by the Defendant no. 5, M/s.
Ananda Kumar Singhania, at the Work Site of the Defendant no. 6 & 7, at Plot
No. 956, Mouza 103 Narapatipara, Nadia – 741248, West Bengal.
15.
The cause of action for filing the
present suit arose in the year 2020-2021 when the Defendant no. 1, M/s. Nitesh
Marketing Private Limited 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. Nitesh
Marketing Private Limited failed and neglected to make the payment of the
outstanding dues, despite repeated demands, and lastly on 15-09-2023 when the
Defendant no. 1, M/s. Nitesh Marketing Private Limited failed to respond to the
Plaintiff’s Demand Notice dated 28.08.2023. The cause of action continues and
is subsisting.
16.
This Hon’ble Court has jurisdiction to
entertain and try the present suit as the Defendants reside and carry on
business within the territorial jurisdiction of this Court, and the cause of
action arose within this jurisdiction.
17.
The present suit is filed within the
prescribed period of limitation. The Plaintiff submits that the cause of action
for the present suit initially arose during the financial year 2020-2021 when
the Plaintiff purchased construction materials, particularly cement, from
Defendant No. 1, under the insistence of Defendant No. 5, in relation to work
orders obtained from Defendants No. 6 and 7. The cause of action further
crystallized on 31.03.2021, when the final account was drawn, and a sum of Rs.
5,21,053/- (Rupees Five Lakhs Twenty One Thousand and Fifty Three) only
became due and payable by Defendant No. 1 to the Plaintiff. Thereafter, despite
repeated requests and demands, Defendant No. 1 failed and neglected to make the
payment. The Plaintiff finally served a Legal Demand Notice dated 28.08.2023,
to which Defendant No. 1 responded evasively on 15.09.2023, denying the claim. Under
Article 113 of the Schedule to the Limitation Act, 1963 (being the residuary
article applicable for suits for which no period of limitation is specifically
provided elsewhere), the limitation period for filing a suit for recovery of
money is three years from the date when the right to sue accrues. In the
present case, the right to sue finally and conclusively accrued upon failure of
Defendant No. 1 to pay the dues after receipt of the Legal Notice and his
subsequent evasive denial in September 2023. Therefore, the present suit, instituted
in the year 2025, is well within the prescribed limitation period of three
years from the accrual of the cause of action.
18.
The Plaintiff values the suit for the
purposes of court fee and jurisdiction at Rs. 5,21,053/-
(Rupees Five Lakhs Twenty One Thousand and Fifty Three) only,
and appropriate court fee has been paid thereon.
In
view of the above, the Plaintiff most respectfully prays that this Hon’ble
Court may be pleased to:
a)
Pass a decree in favour of the Plaintiff and against the Defendants for a sum
of Rs.
5,21,053/- (Rupees Five Lakhs Twenty One Thousand and Fifty Three) only;
b)
Award interest @18% p.a. on the principal amount of Rs.
5,21,053/- (Rupees Five Lakhs Twenty One Thousand and Fifty Three) only
from 31.03.2021 till realization;
c)
Leave under Order 2 Rule 2 of the Code of Civil Procedure’ 1908;
d) Award costs of the
suit;
d)
Pass such other and further 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 SHALL AS
IN DUTY BOUND 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. 5,21,053/-
(Rupees Five Lakhs Twenty One Thousand and Fifty Three) 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. Nitesh Marketing Private Limited;
5.
Invoices
of M/s. Nitesh Marketing Private Limited;
6.
Bank
Statements of the Plaintiff;
7.
Email
Communications;
8.
Challan
of Goods Delivery;
9.
Legal
Demand Notice being Reference No. AKS/JSBC/1707-1068/23, dated 28th
day of August’ 2023, with Postal receipts and Track Report;
10.
Reply dated 15-09-2023,
by the defendant no. 1, M/s. Nitesh Marketing Private Limited;
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