BEFORE THE HON'BLE TRIBUNAL OF
SOLE ARBITRATOR MR. Arbitrator's name, ADVOCATE
CASE FILE REF. NO. Case file reference number/03-21
IN THE MATTER OF:-
Claimant's name: CLAIMANT
VERSUS
**Respondent's name & ORS.: RESPONDENTS**
DATE OF HEARING:- Date of hearing 2024
REPLY ON BEHALF OF THE CLAIMANT TO THE COUNTER CLAIM FILED BY THE RESPONDENT
MOST RESPECTFULLY SHOWETH:-
PRELIMINARY OBJECTIONS/SUBMISSIONS:-
1.That the allegations, submissions and contentions raised in the counter claim filed by the respondent are untenable, false and frivolous, and are hereby denied. No sums are due and payable to the respondent, whether as claimed or otherwise. The respondent is obfuscating the issues in order to mischievously evade its liabilities.
2.That the counter claim raised by the respondent in the present proceedings is devoid of merit, is an afterthought, and has been raised merely as a counter blast to the claim petition filed by the claimant. It is a matter of fact that no such counter claim was ever raised by the respondent against the claimant prior to the present proceedings. The counter claim deserves to be rejected on this ground alone.
3.That the present counter claim is barred by limitation. The respondent has itself admitted that it vacated the scheduled property on Date of vacating the scheduled property, and since then the respondent neither made any claim nor raised any demand for refund. Surprisingly, the respondent has now filed the counter claim on Date of filing the counter claim, which is time barred and beyond the period of limitation of three years prescribed under the Limitation Act. The present counter claim is, therefore, liable to be dismissed with exemplary costs.
4.It is stated that the counter claim has been raised in complete contravention of the legal provisions required to be followed for raising such a claim, and the same is also contrary to the relevant provisions of the Contract. Any claim raised by the respondent under that provision of the Contract is liable to be rejected on this ground alone.
REPLY ON MERITS:-
1.That the contents of paragraph 1 of the counter claim are wrong and are denied. It is denied that the respondent/counter-claimant, in this counter claim, is merely using the same terminology as mentioned in the Statement of Claim and the Statement of Defence in order to avoid any confusion and to maintain consistency during the adjudication of the Statement of Claim and the counter claim. It is submitted that the present counter claim has not been signed and filed by a competent person of the respondent company.
2.That the contents of paragraph 2 of the counter claim are a matter of record and hence require no reply.
3.That the contents of paragraph 3 of the counter claim are absolutely wrong and incorrect, and are specifically denied. It is denied that the respondent was using the scheduled property till Date till which respondent used the scheduled property, that during Period of early Covid-19 spread Covid-19 cases began to emerge across the globe, and that during Period of Covid-19 pandemic declaration the disease reached alarming levels of spread and severity, whereupon the W.H.O. declared it a pandemic. It is further denied that the governmental restrictions continued for several months, and that the respondent was consequently unable to use the scheduled property for the purpose or in the manner envisaged under the Lease Deed.
4.That the contents of paragraph 4 of the counter claim are absolutely wrong and incorrect, and are specifically denied. It is denied that the respondent terminated the Lease Deed by issuing a termination notice dated Date of lease termination notice invoking Clause 26 of the Lease Deed, and that the respondent vacated the scheduled property on Date of vacating the scheduled property itself.
5.That the contents of paragraph 5 of the counter claim are absolutely wrong and incorrect, and are specifically denied. It is denied that the respondent vacated the scheduled property on Date of vacating the scheduled property itself. It is further denied that the claimant has been in possession of, and exercising exclusive control over, the scheduled property from Date from which claimant allegedly had possession onwards. It is further denied that, since the termination of the Lease Deed, the respondent requested the claimant to return the security deposit of Rs. Amount of security deposit (₹)/-, which the claimant is allegedly illegally retaining and is liable to refund to the respondent. It is further denied that, despite repeated reminders, the claimant has failed to return the security deposit. Any allegation to the contrary raised by the respondent is wholly false and incorrect.
6.That the contents of paragraph 6 of the counter claim are absolutely wrong and incorrect, and are specifically denied. It is denied that the claimant initiated the arbitral proceedings merely as a counter blast to the lawful demands made by the respondent for refund of the security deposit. Any allegation to the contrary raised by the respondent is wholly false and incorrect.
7.That the contents of paragraph 7 of the counter claim are absolutely wrong and incorrect, and are specifically denied. It is denied that the respondent/counter-claimant has suffered huge losses on account of any arbitrary or unlawful action on the part of the claimant. The remaining contents are wrong and are denied. The contents of this paragraph have no relevance to the counter claim. The respondent's failure to pay the damages to the claimant is a subject matter of the claims raised by the claimant before the Hon'ble Arbitrator, and such damages are required to be paid by the respondent.
8.That the contents of paragraph 8 of the counter claim are absolutely wrong and incorrect, and are specifically denied.
9.That the contents of paragraph 9 of the counter claim are absolutely wrong and incorrect, and are specifically denied. The present counter claim is time barred under the Limitation Act.
10.That the contents of paragraph 10 of the counter claim are legal submissions and hence require no reply.
It is submitted that the respondent is not entitled to seek any relief by way of the counter claim from the Hon'ble Sole Arbitrator.
The prayer clause, along with its sub-paras, of the counter claim is absolutely wrong and is specifically denied. The respondent is not entitled to the relief claimed.
P R A Y E R:-
It is, therefore, most respectfully prayed that the Hon'ble Arbitrator may be pleased to award the claims raised by the claimant in the claim petition filed by him. It is further prayed that the Hon'ble Tribunal may be pleased to reject the counter claim in its entirety as raised by the respondent. It is further prayed that the award may be passed in favour of the claimant, with costs against the respondent.
It is further prayed that such other and further orders may be passed as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case, in the interest of justice.
It is prayed accordingly.
CLAIMANT
DELHITHROUGH
DATED: Date of verification
Advocate's name (Advocate)
Counsel for the Claimant
Advocate's address
Mob.: Advocate's mobile number
Email: Email address of the advocate
BEFORE THE HON'BLE TRIBUNAL OF
SOLE ARBITRATOR MR. Arbitrator's name, ADVOCATE
CASE FILE REF. NO. Case file reference number/03-21
IN THE MATTER OF:-
Claimant's name: CLAIMANT
VERSUS
Respondent's name & ORS.: RESPONDENTS
AFFIDAVIT
Affidavit of Mr. Deponent's name, aged about Deponent's age years, S/o Sh. Deponent's father's name, R/o Deponent's address, New Delhi, who does hereby solemnly affirm and declare as under:-
1.That I am the claimant in the above-noted case, am fully conversant with the facts and circumstances of the case, and am competent to swear this affidavit.
2.That the accompanying reply to the counter claim has been drafted under my instructions; it has been read over to me and understood by me, and I state that the contents thereof are true and correct. No part thereof is false and nothing material has been concealed therefrom.
DEPONENT
VERIFICATION:-
Verified at Delhi on this Date of verification that the contents of the paragraphs of the above affidavit are true and correct to my knowledge. No part thereof is false and nothing material has been concealed therefrom.
DEPONENT