Written statement by defendant in commercial suit for recovery arising from dishonoured cheques
0 of 39 blanks filled
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
N.D.O.H.: Next date of hearing
WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT IN THE COMMERCIAL SUIT FOR RECOVERY OF RS. Suit amount (₹)/- ALONG WITH PENDENTE LITE AND FUTURE INTEREST.
MOST RESPECTFULLY SHOWETH:-
PRELIMINARY SUBMISSIONS AND OBJECTIONS:-
1.That the captioned suit has been filed by the Plaintiff, verified by an affidavit of one Name of deponent (General Manager of plaintiff), who claims to be the General Manager of the Plaintiff Company and who has gone through the entire copy of the suit and understood its purport and contents. The Defendant is filing its reply to the same. In reply to the plaint, the Defendant vehemently denies each and every statement, averment and submission made therein, as the same are false, frivolous, misconceived and wholly baseless. Before rendering a para-wise reply to the plaint, the Defendant seeks to set out the following Preliminary Objections and Submissions, each of which is urged independently of and without prejudice to the others. The present reply on behalf of the Defendant is being filed by Defendant company's name.
2.That, at the outset, it is submitted that the present suit is not maintainable, as no cause of action against the Defendant has been made out by the Plaintiff. On the contrary, the plaint of the Plaintiff is founded on a bundle of lies, untenable in the eyes of law, and the plaint is liable to be rejected as provided under Order 7 Rule 11 CPC.
3.That it is categorically stated that the Plaintiff is guilty of misrepresentation and of non-disclosure of material facts. It is categorically stated that, in the present case, the Plaintiff has not approached this Hon'ble Court with clean hands and has suppressed material facts therefrom. It has been so held in S.P Chengalvaraya Naidu v. Jagannath, (1994) 1 SCC 1.
4.That the suit of the Plaintiff is not maintainable, inasmuch as the claim put forth by the Plaintiff seeking recovery of an alleged amount is without any legal, binding and subsisting cause of action. The Plaintiff is not entitled to any equitable relief from this Hon'ble Court and is guilty of conduct whereby it has suppressed material facts from this Hon'ble Court; there is, therefore, no swing of equity which can be claimed by the Plaintiff as a matter of right or otherwise.
5.Hence, having failed to disclose material facts, the Plaintiff has rendered itself liable to have this suit rejected at the very inception so as to avoid the process of litigation. Further, the present suit, as framed and filed, is a gross abuse and misuse of the process of law and of the legal machinery, and has been filed with the sole intention of harassing the Defendant. The suit is, therefore, liable to be dismissed with costs.
6.The captioned proceedings instituted by the Plaintiff project and present a scenario which is not only disturbing but also has the potentiality to create a stir compelling one to ponder, in a perturbed state, how some unprincipled and deviant persons can ingeniously and innovatively design, in a nonchalant manner, to knock at the doors of the courts, as if they were a laboratory where multifarious experiments may take place, and how such skilful persons can adroitly abuse the process of the courts at their own will and desire by painting a canvas of agony through assiduous assertions made in the pleadings, with the real intention of harassing the opposite party, without any remote remorse, and with the inventive design primarily of harassing the said Defendant.
7.That, without prejudice to the rights and contentions of the Defendant and without admitting any of the allegations levelled by the Plaintiff against the Defendant, it is submitted that the documents filed by the Plaintiff along with the suit cannot be taken on record, as they have not been properly pleaded in the suit, and the documents on which reliance has been placed by the Plaintiff cannot be read as part of the pleadings, as they find no mention in the contents of the suit. It is further pertinent to mention here that the Plaintiff has relied upon fabricated and false documents, which fail to show any direct nexus between the averments made in the suit and the grievances portrayed by the Plaintiff.
8.That the Plaintiff has filed the present suit on mere presumptions and conjectures, merely to falsely harass the answering Defendant, while abusing the process of law and with an ulterior motive.
9.The Defendant submits that the Plaintiff has failed to approach this Hon'ble Court with clean hands and has deliberately misrepresented facts and indulged in unethical practices in order to institute this suit. The suit is not maintainable and is liable to be rejected at the threshold, as the Plaintiff is guilty of suppression of material facts.
10.That, in view of the objections set out above, this Hon'ble Court may be pleased to dismiss the present suit with exemplary costs, as the same has been filed with unclean hands, upon suppression of facts and by propagating falsehood, and has been instituted by the Plaintiff with mala fide intentions and ulterior motives.
11.In the case of Jay Engineering Works ltd. vs. Ramesh Aggarwal, 135 (2006) DLT 666: 2007(1) R.A.J. 188, this Court has also held that where the defendant is not residing or carrying on business within the jurisdiction of this Court, this Court cannot be said to have any territorial jurisdiction under Section 20 of the CPC for entertaining any suit.
12.In addition, it is put forth by the Defendant that the Plaintiff has not annexed any certificate or bank stamp to the statements of account maintained by it, and as such the same are forged and fabricated documents, since no document proving the authenticity of the documents filed by the Plaintiff has been placed on record.
REPLY ON MERITS:
Without prejudice to the foregoing and without in any manner admitting any of the submissions, contentions and allegations made in the suit, except those expressly admitted, the answering Defendant tenders its para-wise reply to the suit as under:
1.That the contents of paragraph 1 of the plaint are denied. The authorised representative of the Plaintiff company is not competent to file and sign the present suit. The contents of the Preliminary Submissions and Objections may be read as part and parcel of this reply and are not repeated herein, for the sake of brevity.
2.That the contents of paragraph 2 of the plaint are wrong and denied. It is denied that the Plaintiff company supplied knitted hosiery fabric items through various invoices to the satisfaction of the Defendant, and that the Defendant firm has a liability of Rs. Alleged liability amount (₹)/- towards the material purchased, as per the statement of account of the Plaintiff company. The contents of the Preliminary Submissions and Objections may be read as part and parcel of this reply and are not repeated herein, for the sake of brevity.
3.That the contents of paragraph 3 of the plaint are wrong and denied. It is denied that, against the aforesaid alleged liability, the Defendant, on behalf of the firm, signed and issued seven cheques totalling Rs. Total amount of seven cheques (₹)/- in favour of the Plaintiff company to discharge the said liability. The cheques issued to the Plaintiff company were not against any legally enforceable debt and were given only for security purposes. The contents of the Preliminary Submissions and Objections may be read as part and parcel of this reply and are not repeated herein, for the sake of brevity.
4.That the contents of paragraph 4 of the plaint are wrong and denied. It is denied that, at the time of handing over the cheques to the Plaintiff company, the Defendant gave any assurance that the said cheques would positively be honoured on presentation. The contents of the Preliminary Submissions and Objections may be read as part and parcel of this reply and are not repeated herein, for the sake of brevity.
5.That the contents of paragraph 5 of the plaint are wrong and are denied. The contents of the preliminary submissions and objections may be read as part and parcel of this reply, and the same are not repeated herein for the sake of brevity.
6.That the contents of paragraph 6 of the plaint are denied to the extent that the Plaintiff sent a legal notice under Section 138 of the NI Act to the Defendant. The contents of the preliminary submissions and objections may be read as part and parcel of this reply, and the same are not repeated herein for the sake of brevity.
7.That the contents of paragraph 7 of the plaint are wrong and are denied. It is denied that the Plaintiff sent a legal notice on Date of demand legal notice for recovery of and demanding payment towards the alleged liability, and that the said notice was refused by the Defendant. The contents of the preliminary submissions and objections may be read as part and parcel of this reply, and the same are not repeated herein for the sake of brevity.
8.That the contents of paragraph 8 of the plaint are wrong and are denied. It is denied that the Plaintiff supplied the goods to the Defendant firm under various invoices and that the Defendant company duly received the goods. The contents of the preliminary submissions and objections may be read as part and parcel of this reply, and the same are not repeated herein for the sake of brevity.
9.That the contents of paragraph 9 of the plaint are wrong and are denied. It is denied that, as per the ledger account books of the Plaintiff, the Defendant firm is liable as on date in a sum of Rs.Alleged liability amount (₹)/-. The contents of the preliminary submissions and objections may be read as part and parcel of this reply, and the same are not repeated herein for the sake of brevity.
10.That the contents of paragraph 10 of the plaint are wrong and are denied. It is denied that in the month of March, Year of ledger confirmation, the Defendant confirmed the ledger account and admitted the liability over the telephone to Name of plaintiff's General Manager, General Manager of the Plaintiff company. It is further denied that, despite confirming the ledger account and admitting the liability, the Defendant failed to make any payment to the Plaintiff company. The contents of the preliminary submissions and objections may be read as part and parcel of this reply, and the same are not repeated herein for the sake of brevity.
11.That the contents of paragraph 11 of the plaint are a matter of knowledge of the Plaintiff, and hence are denied. It is denied that the Defendant intentionally and deliberately failed to appear in the proceedings for pre-institution mediation and settlement. The contents of the preliminary submissions and objections may be read as part and parcel of this reply, and the same are not repeated herein for the sake of brevity.
12.That the contents of paragraph 12 of the plaint are wrong and are denied. It is denied that the cause of action for filing the present suit first arose on Date of first purchase order, when the Defendant approached the Plaintiff firm for purchasing knitted hosiery fabrics items through a purchase order, and the Plaintiff supplied the same under various invoices to the Defendant firm, and that the total liability at present against the Defendant is Rs.Alleged total liability amount (₹)/-. It is further denied that the cause of action further arose when the Defendant made the last payment to the Plaintiff on Date of last payment, and the Defendant issued seven cheques of different dates, from Date of first cheque to Date of last cheque, against the said liability to the Plaintiff on Date cheques were issued, and all the cheques were dishonoured on different dates up to Date cheques were dishonoured. It is further denied that the cause of action further arose when the Plaintiff sent a legal notice to the Defendant in respect of the said dishonoured cheques, and the said legal notice was duly served upon the Defendant, and that the last legal notice was sent to the Defendant on Date of last legal notice and was refused by the Defendant, and that the Defendant also acknowledged the liability, and that the statement of account of the Plaintiff company was duly confirmed by the Defendant on Date of confirmation of statement of account. It is further denied that the cause of action further arose when the Plaintiff filed a pre-litigation application before Mediation, Delhi, and the Hon'ble Court issued summons to the Defendant, and the Defendant intentionally and knowingly failed to appear despite service, whereafter CDLSA Delhi was pleased to issue a non-starter report in favour of the Plaintiff on Date of CDLSA non-starter report. It is further denied that the cause of action for filing the present suit is still continuing. The contents of the preliminary submissions and objections may be read as part and parcel of this reply, and the same are not repeated herein for the sake of brevity.
13.That the contents of paragraph 13 of the plaint are wrong and are denied. It is denied that the Defendant visited the office of the Plaintiff from time to time to purchase knitted hosiery items, and that the Plaintiff supplied the knitted hosiery items to the Defendant to the full satisfaction of the Defendant. It is further denied that the cause of action for filing the suit has arisen at Delhi, and therefore that this Hon'ble Court has territorial jurisdiction to entertain, try and decide the suit. The contents of the preliminary submissions and objections may be read as part and parcel of this reply, and the same are not repeated herein for the sake of brevity.
14.That the contents of paragraph 14 of the plaint are wrong and are denied. The contents of the preliminary submissions and objections may be read as part and parcel of this reply, and the same are not repeated herein for the sake of brevity.
15.That the contents of paragraph 15 of the plaint are wrong and are denied. It is denied that the Defendant intentionally failed to appear in the pre-institution mediation and settlement proceedings. The contents of the preliminary submissions and objections may be read as part and parcel of this reply, and the same are not repeated herein for the sake of brevity.
16.That the contents of paragraph 16 of the plaint are wrong and are denied. It is denied that the present suit has been filed within the stipulated period prescribed under law. The contents of the preliminary submissions and objections may be read as part and parcel of this reply, and the same are not repeated herein for the sake of brevity.
17.That the contents of paragraph 17 of the plaint are legal in nature and require no reply on merits. The contents of the preliminary submissions and objections may be read as part and parcel of this reply, and the same are not repeated herein for the sake of brevity.
18.That the contents of paragraph 18 of the plaint are wrong and are denied. The contents of the preliminary submissions and objections may be read as part and parcel of this reply, and the same are not repeated herein for the sake of brevity.
19.That the contents of paragraph 19 of the plaint are wrong and are denied. It is denied that the Plaintiff is legally entitled to recover the suit amount, and it is denied that the suit filed by the Plaintiff is bona fide. The contents of the preliminary submissions and objections may be read as part and parcel of this reply, and the same are not repeated herein for the sake of brevity.
It is respectfully submitted that the present suit is absolutely false, frivolous, baseless, misconceived and vexatious, besides being unsustainable in law, and therefore the same is liable to be dismissed with compensatory costs.
The plaint's prayer paragraph, along with its sub-paras, is absolutely wrong and is specifically denied. Hence, the Plaintiff is not entitled to any of the reliefs claimed therein.
P R A Y E R
It is, therefore, most respectfully prayed that this Hon'ble Court may dismiss the plaint of the Plaintiff with heavy costs in favour of the answering Defendant and against the Plaintiff for unnecessarily dragging the answering Defendant into frivolous litigation, in the interests of justice, equity and the circumstances of the case.
May such further order or orders be passed as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the answering Defendant, in the interests of justice.
It is prayed accordingly.
DEFENDANT
City in the Defendant's signature block
DATEDTHROUGH
Counsel's name,
Counsel's address.
EMAIL: Counsel's email address
PHONE: Counsel's phone number
VERIFICATION :-
Verified at Place of verification of written statement on this Date of verification of written statement day of Month and year of verification of written statement that the contents of paragraphs 1 to 19 of the written statement are true and correct to the Defendant's knowledge and as per legal information received and believed to be true, and further, the contents of paragraphs 1 to Number of preliminary submission paras of the preliminary submissions are true and correct to the Defendant's knowledge and as per legal information received and believed to be true.
The last paragraph is the prayer to this Hon'ble Court.
DEFENDANT
IN THE COURT OF Court name and designation of the judge,
Court complex and city.
Suit number.
IN THE MATTER OF :-
**Plaintiff's name: PLAINTIFF**
VERSUS
Defendant's name: DEFENDANT
AFFIDAVIT
Affidavit of Deponent's name, Deponent's description/designation, presently at Place where the deponent is presently present, do hereby solemnly affirm and declare as under:
1.That I am the Defendant in the above-mentioned case and am thoroughly conversant with the facts and circumstances thereof, pursuant to the information provided to me, and am competent to swear this affidavit.
2.That the accompanying written statement to the plaint has been drafted by my counsel as per my instructions, and the contents thereof have been duly read over and explained to me, and having fully understood the same, I hereby state that the facts stated therein are true and correct to my knowledge.
DEPONENT
VERIFICATION :-
Verified at Place of verification of affidavit on this Date of verification of affidavit day of Month and year of verification of affidavit that the contents of the above affidavit are true and correct to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT