Firishti in Civil Suit

 

Bengal Form No. 3309

 

HIGH COURT FORM NO.( J ) 22

 

LIST OF DOCUMENTS PRODUCED BY                   Plaintif

                                                                                                                        --------

                                                                                                                                                                Defendant

 

Under Order 7, Rule 14 or Order 13, Rule1, Code of Civil Procedure

 

In the Court of the Learned Civil Judge (Senior Division) Barasat, _____Court, North 24 Parganas

 

Title Suit              of 2025

M/s. JSB Construction & Trading Company,

          ____________Plaintiff

-         Versus –

M/s. R. N. Infra, and Others,                                  ____________Defendants

 

No. 1	Description of Document and Parties to the document 2	Date if any of document in vernacular and in English 3	Dated Signature of Party or pleader 4
	List of 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;

 

 

 

 

 

 

Demand Notice

 

 

Ref.: AKS/JSBC/1707-1068/23                    Date : 28^th day of August’ 2023

 

To,

1.    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, West Bengal,PIN-743166.Email : info@niteshmarketing.com

 

2.    Sri NiteshAgarwal, (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, West Bengal,PIN-743166. Email : info@niteshmarketing.com

 

3.    GobindaAgarwal, (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, West Bengal,PIN-743166. Email : info@niteshmarketing.com

 

4.    LaxmiAgarwal (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, West Bengal,PIN-743166. Email : info@niteshmarketing.com

Demand Notice for a sum of Rs. 5,21,053/- (Rupees Five Lakhs Twenty One Thousand and Fifty Three) only.

 

My Client : M/s. JSB Construction& Trading Company, is Sole Proprietorship Firm, having its Office at Bank Road, Purana Bazar, Near Dari Mohalla, Dhanbad- 828130, represented by its Proprietor Sunil Kumar soni.

Dear Sir,

 

Under instructions of my Client M/s. JSB Construction& Trading Company, is Sole Proprietorship Firm, having its Office at Bank Road, Purana Bazar, Near Dari Mohalla, Dhanbad- 828130, represented by its Proprietor Sunil Kumar Soni, I hereby states as follows;

 

1.    That my Client 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, TulsiDham, Bangur, Kolkata – 700055, insisted to take goods and/ or building materials from you. My Client started taking goods and/ or building materials, more particularly Cement from you. My client was compelled to take Cement from you by Anand Kumar Singhania, who given the Contract of the following Work Order to my Client;

 

(a)  Work Order No. TBSM/JEERAT/CIVIL/PKG-V/WO/40/18-19, Dated 25.02.2019.

(b)  Work Order No. TBSM/JEERAT/CIVIL/PKG-IV/WO/39/18-19, Dated 25.02.2019.

 

2.    Pertinent to states that there was requirement of ACC Cement, and the Order in respect of ACC Cement has been placed by my Client to you; But you used to supplied Dalmia Cement, on some of the occasion, which have lower valued than the ACC Cement, and the said Anand Kumar Singhania asked My client to take the Dalmia Cement under your connivance, and used the same at the Work; on such insisted upon by the said Anand Kumar Singhania, My Client taken the indifferent Cement in compelling situation from you.

 

3.    The Ledger Account of M/s. Nitesh Marketing Private Limited, for the period commencing from 10-01-2021 to 31-03-2021, maintained by my client, clearly shows a sum of Rs. 5,21,053/- (Rupees Five Lakhs Twenty One Thousand and Fifty Three) only, is due and payable by you, whose Directors are the addressee number 2 to 4, herein, to my client.

 

4.    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 due and payable is entitled with the interest thereon since 31^st day of March’ 2021, till realization, thereof.

 

5.    The said M/s. Nitesh Marketing Private Limited, represented by its Directors being the addressee number 2, 3, & 4, did not make such payment to my client, till this day. My Client is a Creditor and the said M/s. Nitesh Marketing Private Limited, is a Debtor in respect of a sum of Rs. 5,21,053/- (Rupees Five Lakhs Twenty One Thousand and Fifty Three) only.

 

6.    Photostat copy of the Ledger Account for the period 1-April-2020 to 31-March-2021, of M/s. Nitesh Marketing Private Limited, is annexed herewith and marked as Annexure – “A”.

 

7.    My Client is entitled to get 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 you.

 

8.    My Client approached you on several occasions for the sum payable by you as of Rs. 5,21,053/- (Rupees Five Lakhs Twenty One Thousand and Fifty Three) only, calculated as on 31-March-2021, but you did not heed to that and thus yield no result, so far.

 

9.    However, my Client is in belief that good sense will prevail on you, shortly, therefore, my client solely 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 you, at the earliest.

 

I for and on behalf of my Client requesting you to make the payment of 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 to my Client, at the earliest, preferably within a period of fortnight, from the date of receipt of this notice, and or otherwise my Client shall take legal recourses against you, at your cost & peril, which please note. Copy Kept for future references.

 

Thanking you,

 

Yours’ faithfully,

 

 

Ashok Kumar Singh,

Advocate

High Court Calcutta

 

 

 

 

 

 

 

Copy to;

 

1.    Anand Kumar Singhania, of Premises being no. 48/16, Jessore Road, TulsiDham, Bangur, Kolkata – 700055, Email : anandshiw77@gmail.com

 

2.    BHARAT HEAVY ELECTRICALS LIMITED, Power Sector – Eastern Region, BHEL Bhawan, Karunamoyee, DJ-9/1, Sector II, Salt Lake City, Kolkata 700091.

 

3.    POWER GRID CORPORATION OF INDIA LIMITED, CF-17, Action Area 1C, New Town, Rajarhat, Kolkata 700156.

 

{for information & necessary action}

 

Reply Letter

 

 

By Registered Post / Speed Post / Ordinary Post

 

WITHOUT PREJUDICE

 

Ref.: SS / RKR / 3108-9379 / 25               Dated : 23^rd day of April’ 2025

 

To,

Shri Manoj Chatterjee, Advocate

Residence & Chamber :

60, Sodepur Road, Kolkata – 700082.

Mobile No. : 9674217315

 

And also at ;

Alipore Bar Association, 24 Parganas South,

18, Judges’ Court Road, Kolkata – 700027.

 

                                                          Ref.: Your Letter dated 15/04/2025;

 

Reg.: Request to Perform the terms & conditions mention in the Development Power of attorney related with Development Agreement dated 11/03/2022;

 

Your Client : Shankar Kumar Roy, Son of Late Bimal Chandra Roy, residing at Premises being No. 18/A, Sarada Maa Upanibesh, Joyrampur Jala Road, Post Office Parnasree Pally, Police Station Behala presently Parnasree, Kolkata – 700060, District South 24 Parganas.

 

My Client : Shri Ramesh Kumar Roy, Son of Jeetu Roy, residing at Premises being no. 289/168, Becharam Chatterjee Road, Post Office – Behala, Police Station Behala presently Parnasree, Kolkata – 700034, District South 24 Parganas, Proprietor of M/s. Balaji Enterprise, having its Office at Premises being no. 149, Becharam Chatterjee Road, Post Office – Behala, Police StATION Behala presently Parnasree, Kolkata – 700034, District South 24 Parganas.

 

Subject : Reply of your Letter dated 15/04/2025.

Dear Sir,

 

          Under instructions of my Client Shri Ramesh Kumar Roy, Son of Jeetu Roy, residing at Premises being no. 289/168, Becharam Chatterjee Road, Post Office – Behala, Police Station Behala presently Parnasree, Kolkata – 700034, District South 24 Parganas, Proprietor of M/s. Balaji Enterprise, having its Office at Premises being no. 149, Becharam Chatterjee Road, Post Office – Behala, Police StATION Behala presently Parnasree, Kolkata – 700034, District South 24 Parganas, I hereby states as follows;

 

1.   That my client received your above referred letter only on 17^th day of April’ 2025, served through post, which has been booked for services on my client on 16/04/2025, as appeared in the track consignment report of India Post. My client on his bare perusal of your said above referred letter astonished & awaken so far the contents and purports have no connection with any true facts and affairs by & between the parties ever. Therefore my client visited my chamber on 21^st day of April’ 2025, and handed over the said purported Letter dated 15/04/2025, with specific instructions to reply on the said purported Letter dated 15/04/2025, which I am replying in the following.

 

2.   It’s needless to say that one Development Agreement dated 11^th day of March’ 2022, has been entered by & between your Client and my Client on specific terms & conditions, which has been duly registered in Book – I, Volume No. 1607-2022, Page from 134731 to 134775, Being No. 160703679 for the year 2022, registered in the office of the Additional District Sub-Registrar Behala, West Bengal, which described the Owner’s Allocation in Paragraph no. 6(A) ALL THAT One Self contained residential 1 BHK Flat measuring 353 Sq. Ft. (more or less) Built Up area on the Ground Floor, Front side of the proposed Three Storied Building, and ALL THAT Entire First Floor of the proposed Three Storied Building to be constructed on the said premises morefully mentioned in the Building Plan to be sanctioned by the Kolkata Municipal Corporation, S.S. Unit, and One Car Parking Space having an area of 127 Sq. Ft. (more or less) on the Ground Floor, Front Side of the proposed Three Storied Building to be constructed on the said premises morefully mentioned in the Building Plan to be sanctioned by the Kolkata Municipal Corporation, S.S. Unit, and further in the paragraph mo. 6(C) of the said Development Agreement stated as the Developer shall pay Rs. 90,000/- (Rupees Ninety Thousand) only to the Owner, as non refundable /forfeit amount for the development of the said property.

 

3.   Now, I am dealing with your purported Letter dated 15-04-2025, in the following;

 

(i)           The statement in the paragraph no. (i) & (ii) of your purported Letter dated 15-04-2025, is a matter of fact, therefore no comment on those;

(ii)          The allegations made in the paragraph no. (iii), (iv), (v), (vi), (vii), & (viii), are denied and disputed by my Client as the same has not ever been in relation to any fact whatsoever. My client has already handed over the Owner’s allocation by way of Possession Letter dated 26/07/2024, for One Self contained residential Flat being No. “1-B” measuring 750 Sq. Ft. (more or less) Super Built Up area on the First Floor, East-South-West of three stroed building in complete habitable condition in all manners whatsoever lying and situated at Municipal Premises No. 1300, Joyrampur Jala Road, within Ward No. 129 of the Kolkata Municipal Corporation and its mailing address being no. 24F, May Road, Police Station Behala presently Parnasree, Kolkata – 700060, and its Assessee no. 41-129-03-1413-0 in the district of South 24 Parganas, which your client duly received and acknowledged by way of putting his signature and remarked as Received on 26/07/2024. Your Client also received a sum of Rs. 90,000/- (Rupees Ninety Thousand) only, being non-refundable /forfeited money under the said development agreement. The rest owner’s allocation has also been taken by your Client, which is in physical possession of your client, since the same has been taken forcibly and without any consent so far from my client, therefore, the Possession Letter has not been exist so far in that regard; But the truth remain that your client has acquired his Owner’s allocation as emphasized in the Development Agreement. It is pertinent to states that the contents of the paragraph no. 6(F) as The Owner shall pay the rates and taxes and other outgoings and expenses in respect of the said premises up-to the date of the execution of the Development Agreement and the Developer shall be liable and responsible to pay the rates and taxes in respect of the said property from the date of taking over the possession of the said premises from the owner till date of handover of owner’s allocation in the building to the owne3r and the owner is liable to pay the rates and taxes in respect of the owner’s allocation of the building from the date of taking over the said allocation. After allotment of owner’s allocation to the owner, the developer shall be responsible and liable for payment of rates and taxes in respect of the developer’s allocation in the building. Whereas Rent & Taxes of the B.L. & L.R.O. was found due as of Rs. 70,000/- (Rupees Seventy Thousand) only, on shoulder of your client, and therefore your Client had given a Cheque being No. 071277, drawn on State Bank of India, Behala branch Kolkata, dated 27/07/2024, favour my client towards such payment though after few days your client asked my client not to present the said cheque due to his financial instability. Subsequently your client arranged and made the payment of Rs. 30,000/- (Rupees Thirty Thousand) only, and thus a sum of Rs. 40,000/- (Rupees Forty thousand) only, is still due and payable by your client to the concerned B.L. & L.R.O. in respect of the property towards rent & taxes of the Government. Therefore your Client is not adhering to perform the specified terms of the said development agreement and such breach of agreement surfaced the obstruction in pursuing the rest performance by my client. Pertinently your client breached the agreement and did not adhere to pay his rate & taxes with the concern B.L. & L.R.O. Office.

 

(iii)        The allegations made in the paragraph no. (ix), (x), (xi), (xii) (xiii), (xiv), (xv), (xvi), & (xvii), are denied and disputed by my Client as the same has not ever been stated in conscious with the specified terms and conditions of the Development Agreement dated 11^th day of March’ 2022. The allegations are baseless and without any piece of evidence, so far. Your client has taken the Owner’s allocation pursuing the said development agreement. Your client did not make payment to the concerned Government authority for which the necessary documentations and others are still awaiting in respect of the said premises. Your Client is enjoying his owner’s allocation without making payment to the Government and causing hurdle and obstructions in complying lawful recourses, thereof.

 

(iv)         The threat contained in the concluding paragraph of your letter is uncalled for, unwarranted, and rejected outright. Any attempt to intimidate or pressurize my client will be dealt with in accordance with law.

 

4.   In conclusion, it is reiterated that my client has complied with all contractual obligations under the said Development Agreement dated 11/03/2022. The present dispute if any arises solely due to your client’s failure to perform and fulfill his part, particularly regarding payment of government dues and unlawful possession. Your client’s claims are denied in entirety and are not supported by facts or evidence.

 

This reply is issued without prejudice to my client’s rights and remedies available in law and equity, which are hereby expressly reserved.

 

Thanking you,

 

Yours faithfully,

 

 

SANJIB SAHA

Advocate

High Court Calcutta

 

Copy to ;

 

Shankar Kumar Roy, Son of Late Bimal Chandra Roy, residing at Premises being No. 18/A, Sarada Maa Upanibesh, Joyrampur Jala Road, Post Office Parnasree Pally, Police Station Behala presently Parnasree, Kolkata – 700060, District South 24 Parganas.

{for information only}