BEFORE HONBLE COURT OF PRINCIPAL DISTRICT

JUDGE AT SRINAGAR

IN THE CASE OF :-

Siyahi Private Ltd.

Agro Division Phase – II, Food Park,

Industrial Estate Khunmoh, Srinagar.

Through:

Zahid Arshid Dar

Son of Late Ghulam Qadir Lolpuri

Resident of Shivpora Srinagar

….PLAINTIFF

VERSUS

Deeba D/o

Resident of Handwara,

(Proprietor M/s Lala Foods & Beverages)

….DEFENDANT
IN THE MATTER OF:-

SUIT FOR PERMANENT INJUNCTION

MAY IT PLEASE YOUR HONOUR,

THE PLAINTIFF MOST HUMBLY SUBMITS AS UNDER :-

1. That the Plaintiff is a reputed and fast growing concern

renowned throughout the Country, rather even in

international market, for its food products, especially

spices marketed and sold under the name and style of

“Siyah Masalas”. The plaintiff has international name and

fame which is a result of its remarkable dignity and

business conduct maintained through years of dedicated

service provided towards the people and customers. The

products of the plaintiffs are not only appreciated but

loved by lacs of customers of our Country who prefer the

products of the plaintiff over any other competing choice.

The plaintiff has its registered head office at Khunmoh

Srinagar and same is the primary place of its

manufacturing and conducting of business. The plaintiff

has necessary registrations for conducting the business

under law and its products are certified by FSSAI also.

 The plaintiff has also one of the most advanced laboratory

for testing products and is authorized to even conduct test

of food products itself because of unparallel dignity of the

plaintiff.

2. That the plaintiff is entitled to invoke the jurisdiction of

this Hon'ble Court for the protection of legal, fundamental,

basic and other rights envisaged and vested unto them

under the law of the land, by invoking the jurisdiction of

this Hon'ble Court for vindication of the rights through the

process of the law as its basic human and fundamental

rights are being violated by the defendant. That the suit is

being filed through Mr. Zahid Arshid Dar who has been

specifically authorized by the plaintiff to institute and

defend suits and Court cases on behalf of the plaintiff.

Copy of the authorization is enclosed herewith as

Annexure I.

3. That the plaintiff has entered into various agreements with

business concerns all over the Country for marketing and

selling the products of the plaintiff. The said stockiest /

business concerns are smoothly selling out the products of

the plaintiffs in their respective areas and the products

 quality and standard has always been appreciated by the

said business units and customers alike. The plaintiffs

have never heard anything else than praise and

appreciation for their products which are consumed by

lacs of persons every day throughout the Country and by

lacs of customers in international market.

4. That during the Course of business, the defendant also

approached the plaintiff being impressed of its name and

fame and expressed his will and desire to act as a Super

Stockist of the plaintiff for Maharashtra. After thorough

deliberations and consideration of all aspects, an

Agreement was executed by the parties at New Delhi on

25.09.2019. In terms of the said agreement, rights and

liabilities of both the parties were fixed for conduct of

business. The defendant was to act as Super Stockist of

plaintiff and its products in Maharashtra and accordingly

in terms thereof, business commenced between the parties.

Copy of the said agreement is enclosed herewith as

Annexure II.

5. That the plaintiff, in pursuance of the aforesaid agreement,

has sent and stocked products worth lacs of rupees with

 the defendant. Same was done on assurance that his part of

the contract will be honoured and acted upon by the

defendant. The plaintiff on the said assurance sent

products and goods worth lacs of rupees to the defendant

for sale in Maharashtra and earning profits thereupon. All

the products were of best quality and standard and were

certified products / goods. The said goods and products

were received by the defendant with open arms and were

sold in the Market with high profits and the business was

conducted smoothly for some time.

6. That the defendant however thereafter couldn’t arrange for

the necessary payments and started making excuses one

after another for seeking more and more time. With the

advent of Covid-19, the defendant started pleading for

more time on the grounds of Lockdown and restrictions

imposed. Nevertheless, the payments were continuously

delayed on one pretext or the other and the plaintiff kept

on asking for making due payments.

7. That on 06th of May, 2020, an abrupt unilateral

communication letter was issued by the defendant

terminating the agreement of business unilaterally. The

 reasons mentioned therein were of vague nature and

generally related to non-fulfillment of assurances extended

pertaining to providing of Sales & Marketing Team and

grant of schemes as regards the Product. The defendant

complained that the business was running smoothly but

due to launch of schemes on products by rival companies,

the products are not being sold at an expected rate and

since, as alleged, no action was taken to remedy the

situation by the plaintiff, the defendant was forced to

terminate the Contract/Agreement. Copy of the said letter

is enclosed herewith as Annexure III.

8. That the plaintiff, on receipt of said letter, sought payment

of dues from the defendant. The defendant, realizing that

he has axed the branch on which he was sitting by

terminating the contract, as he would now have no option

but to pay the whole dues forthwith, adopted deceptive

means and took a stand that he only had some

misunderstandings. An email was accordingly written to

the plaintiff clarifying that the misunderstanding is clear

now and that the defendant is looking forward for further

 business. Copy of the said email dated 01.06.2020 is

enclosed herewith as Annexure IV.

9. That after mutual deliberations, the parties entered into an

Memorandum of Understanding (MoU). The plaintiff, due

to continuous pleas of the defendant mostly based on

humanitarian grounds, agreed to continue business with

grant of certain relaxations towards the defendant like

payment of the dues in monthly installments and slashing

down prices, etc. Copy of the said MoU dated 29.06.2020

is enclosed herewith as Annexure V.

10. That the defendant however couldn’t even honour

the said commitments although considerable relaxations,

beyond the scope of business relations, were granted by

the plaintiff on humanitarian basis. Pertinently, he at one

point of time also disclosed that his concern is suffering

losses and he has some dispute with other members of the

concern and thus payment is not being made in time.

Nevertheless, the plaintiff, realizing that the venture is

getting hopeless with each passing day, started making

serious assertions for payment and didn’t agree to the lame

excuses of the defendant anymore.

11. That the defendant, realizing that he has nowhere to

go, maliciously and fallaciously, with a clear mala fide

intention to disturb the mental wellbeing of the plaintiff,

raised fingers towards the quality of the product and

alleged that the product has pests and insects inside the

sealed packets which is absolutely impossible otherwise

also. The plaintiff asked the defendant for a personal

meeting given the seriousness of the issue but same was

avoided on the pretext of Covid-19. The plaintiff clearly

sought an unambiguous response from the defendant as to

whether he is desirous of continuing the business relations

or not and the defendant thereafter started pleading that he

will come up with a fresh Business Plan but same was

delayed inordinately and actually the defendant was only

buying time to clear his dues, which had accumulated to

Rs. 9,10,219/-.

12. That the Business Plan aforementioned was finally

forwarded to the plaintiff in ending December, 2020.

Meanwhile, the plaintiff had even suggested clearing of

the past accounts but no response was received.

Nevertheless, in January, 2021 again the defendant put

 forth another proposal to the effect that he will return the

left over stocks to the plaintiff. The plaintiff deliberated

upon the issue and, deciding to take back the left over

stocks, forwarded an address to the defendant on

25.02.2021 through email where he could deliver the

stocks. However, despite elapse of months together,

neither the stock was returned nor the due payment was

made. The defendant was now avoiding the plaintiff and

he didn’t even receive the phone calls of the plaintiff now.

There was absolutely no response for months together.

13. That the plaintiff meanwhile tried to encash the

cheque dated 26.07.2021 drawn by the defendant for the

due payment but same was returned as the defendant had

stopped payment on account of said cheque, clearly

showing dishonest intentions. The plaintiff accordingly,

issued a legal demand notice but no response was received

and thus a complaint under Section 138 of the Negotiable

Instruments Act came to be filed before the Hon'ble Court

of Special Mobile Magistrate, PT & E, Srinagar on

23.08.2021 and summons were issued to the defendant in

the said case. The next date of hearing was fixed on

 16.09.2021. Copy of the cheque along with bank memo is

enclosed herewith as Annexure VI.

14. That the said fact was communicated to the

defendant through electronic means / instant messaging.

On coming to know that the criminal complaint aforesaid

has been filed against him, the defendant became

absolutely furious and sent threatening emails to the

plaintiff. The defendant has threatened the plaintiff in the

said emails that he would post defamatory messages in the

social media to the effect that the products of the plaintiff

contain insects and pests, thereby causing irreparable and

severe loss of reputation and business to the plaintiff.

Copy of the email messages is enclosed herewith as

Annexure VII. The said email messages were retrieved

from the computer of the plaintiff at their head office.

Copy of the Certificate of genuineness issued by Mr. Syed

Abid Hussain, Legal Advisor of Plaintiff, who uses and

runs the said computer having lawful authority for such

use and working against a responsible position in the

plaintiff concern, is enclosed herewith as Annexure VIII.

15. That the defendant did not stop here but procured

the phone no. of the Director/CEO of the Plaintiff concern,

Mr. Ashiq Hussain Banday and sent several threatening

messages to him also. The defendant sent several photos to

the said person and stated that he is being forced to post

them on social media, with clear intention to defame and

harm the reputation and business of the plaintiff. The said

person informed him that he is only sending this as a

counter-blast to the criminal complaint but the defendant

continued his threats despite clear reply by the plaintiff

that the matter would now be dealt in Court. The

defendant however sent many threatening messages and

one of the messages is reproduced hereunder:

“You want payment for your rotten products.

How dare you.

Please be ready to see this in news and social media about

this.

How a Kashmiri Company is trying to kill the Indians and

spread a new virus.”

16. That the said person kept on replying with courtesy

and even on receiving the said message replied that he has

 faith in all Courts and also asked him to proceed in

accordance with law but specified that blackmailing is not

acceptable. However, the defendant sent the following

replies:

“So who will pay for the rotten products I have already

paid.

You are a Kashmiri and want to take revenge by killing

Indians thru your products.”

The said person replied that it is the thinking of the

defendant and the defendant replied to the said message as

follows:

“Now it will become the publics thinking”.

17. That the defendant has resorted to clear cut threats

and has also committed number of offences in the said

conversation. The defendant has clearly revealed his

intention of defaming and causing severe injury to the

plaintiff in the eye of public by issuing defamatory

statements due to mala fide and ill will, and getting them

published through news (media) and social media

(Internet). Not only are there clear threats to defame and

cause injurious falsehood, but the defendant has clear

 intentions of making the issue communal and region based

which would threaten the very secular fiber of our Country

and may very likely result in hatred and animosity against

a class of citizens of India. Such threats are unacceptable

in our nation and the threats are itself sufficient to prove

the mala fide and deceptive intentions of the defendant.

Copy of the said WhatsApp messages are enclosed

herewith as Annexure IX. Copy of the certificate of

genuineness as regards the said WhatsApp Messages

issued by the aforesaid Ashiq Hussain Banday, who owns

the mobile device on which the messages were received, is

enclosed herewith as Annexure X.

18. That the defendant has thus decided to resort to

extraneous methods to pressurize and harass the plaintiff

in violation of law. The messages also make it evident that

the defendant has every intention to use social media,

news and print media and also use his known sources to

defame and disgrace the plaintiff by making absolutely

baseless allegations against the products of plaintiff, which

are far from truth. The said conduct is being adopted only

to threaten the plaintiff and make him withdraw the

 criminal complaint so that the defendant would walk away

with the hard earned money of the plaintiff.

19. That the allegations are absolutely baseless and only

aimed at harassment. The products of the plaintiff are of

the best possible standards as already explained. The said

allegation has been devised only to grab the money of the

plaintiff. Such threats constitute adoption of unlawful and

illegal methods to pressurize the plaintiff which cannot be

permitted in a society governed by Rule of Law. The

threats even constitute offences and ingredients of various

offences have been fulfilled by issuance of said

discriminatory and communal statements.

20. That the defamation and injurious falsehood, if

permitted to follow, would render the plaintiff in a

helpless state of irreparable loss. Besides suffering

pecuniary damage worth Crores of Rupees, the plaintiff

would also suffer loss of dignity and reputation which

cannot be brought back by any means whatsoever as

honour is dearer than everything for a respectable concern

like the plaintiff. The defamation threatened of, even

otherwise is clearly based on mala fide and frustration as

 also greed to walk away with the money. The defendant

neither replied to the messages nor sent back the stock and

now when he has apprehension that he cannot take the

money as criminal complaint is filed, he has begun to

resort to unlawful and illegal threatening.

21. That the cause of action has accrued to plaintiff few

days ago when the defendant sent the aforesaid emails and

WhatsApp messages threatening the plaintiff depicting his

mala fide and malicious intention to defame and cause

injurious falsehood in violation of law and the said cause

of action is a recurring and continuous one.

22. That the plaintiff manufactures goods/products

primarily in Srinagar and its Head Office is also situated in

Srinagar. The threats have been received at Srinagar

through email and WhatsApp and have come to the

knowledge of the plaintiff at Srinagar and have entered

into the recipient system (Computer & Phone) in Srinagar

as per the provisions of Information Technology Act. The

cause of action has thus arisen in Srinagar and also the

effect of the act complained of has ensued at Srinagar. The

consequences of the threats, i.e. fear and mental agony for

 the time being have arisen in Srinagar. Besides, in case the

defamation is made and the act of defamation is complete,

the plaintiff, whose prime place of business is Srinagar

will be hit most and would suffer most losses in Srinagar.

Thus, keeping in view all these facts, this Hon'ble Court

has the territorial jurisdiction to try and adjudicate the suit.

23. That the suit is valued at Rs. 1500/- for the purposes

of injunction and the appropriate Court fee stands affixed

with this suit.

24. That the suit is filed in duplicate as required under

law.

25. That the suit is supported by a duly executed

affidavit.

26. That no other suit or legal proceedings have been

initiated / filed for the cause of action of this suit in any

Court of Law. The plaintiffs, given the circumstances

aforesaid, have no other remedy available but to approach

this Hon'ble Court of law for seeking protection of their

rights.
IN THE PREMISES;

IT IS THEREFORE HUMBLY PRAYED:

The defendant be perpetually restrained from defaming the

plaintiff in any manner whatsoever, in person or through

any other person or means, and be also restrained

perpetually from causing any injurious falsehood to the

plaintiff.

The defendant be restrained from issuing any threats in

any manner against the plaintiff, its products or its

officials.

The defendant be restrained from publishing any

defamatory material and allegations against the plaintiff in

print media, social media or internet or through any other

means whatsoever and be also restrained from committing

slander of any kind whatsoever against the plaintiff.

The defendant be restrained from making any communally

harmful statement against the plaintiff on the basis of its

place of origin or religion as threatened.

The defendant be restrained from causing any interference

in the smooth conducing of business of the plaintiff in any

 part of India or World and be restrained from raising any

hurdles in same as same shall be in the interests of justice.

That any other relief which this Hon’ble court may deem

fit and proper, though not specifically prayed, be also

granted in favor of the plaintiff and against the defendant

in the facts and the circumstances of the present case.

PLAINTIFF THROUGH COUNSEL

M/S Inam & ASSOCIATES

(ADVOCATES)

VERIFICATION:-

Verified today on 8TH day of September, 2021 at Srinagar,

Kashmir, that above made averments are true and correct on

the factual side to best of my belief and knowledge and nothing

material has been concealed herein and the legal paras are

believed to be true as per the advice of my counsel.

PLAINTIFF
 BEFORE HONBLE COURT OF PRINCIPAL DISTRICT

AND SESSION JUDGE SRINAGAR

Siyahi Ltd. Vs. Deeba

AFFIDAVIT

I, Zahid Arshid Dar Son of Arshid Ahmad Dar Resident of

Shivpora Srinagar, do hereby solemnly affirm on the oath as
under:-
A. That the averments made by me in the plaint /
application on the facts are true and correct to the best of
my knowledge and belief and the legal Paras of the Petition
are believed to be true and correct as per the advice
tendered by the counsel engaged in this behalf by the
deponent.
B. That deponent has not concealed anything in the petition
with ill will and Malice or to mislead this Hon’ble court.

DEPONENT

VERIFICATION;-

Verified that the above made averments are true and

correct to best of my knowledge and belief and I have not
concealed anything in the affidavit

DEPONENT
 IN THE MATTER OF:

AN APPLICATION SEEKING GRANT OF INTERIM

RELIEF.

MAY IT PLEASE YOUR LORDSHIPS,

THER APPLICATION IS SUBMITTED AS UNDER:

1. That the plaintiff has filed the above titled plaint/petition before the

Hon’ble Court which may be read in support of the petition.

2. That the plaintiff has established a good and sound case in its favour and

balance of convenience lies also in favour of the plaintiff and against the

defendants.

3. That the plaintiff will suffer an irreparable loss and injury in case the

interim relief as prayed for is not granted in his favour and against the

defendant and the suit would be rendered infructuous.

IN THE PREMISES; IT IS THEREFORE PRAYED,

That the defendants be restrained, in person or through any other

person / agency, from making any defamatory statement against the
plaintiff, till disposal of the suit, as same shall be in the interest of
justice.

PLAINTIFF THROUGH COUNSEL,

M/S INAM NAZIR & ASSOCIATES
ADVOCATES
IN THE MATTER OF:

An application for dispensation of notice under order 39

Rule 3 of CPC.

May it please your Honour;

This application is submitted as under;

1. That the applicant has filed the above titled civil suit before this
Hon’ble court.

2. That the subject matter involved in the suit needs speedy

adjudication and the suit is of an emergency nature and in case the
present application is not allowed by this Hon’ble court the
applicant shall suffer an irreparable loss and the present suit will
become infractuous as the plaintiff would be defamed throughout
India and in foreign countries.

3. That in view of the above mentioned circumstances the present

application deserves to be allowed by this Hon’ble court as same
shall be in the interest of justices.

In the premises, it is therefore prayed before this Hon’ble court that the
above titled application may be allowed by dispensing the notices under
Order 39 Rule 3 of CPC in the above titled suit as same shall be in the
interest of justices.

APPLICANT THROUGH COUNSEL

M/S INAM NAZIR & ADVOCATES
 IN THE HON’BLE COURT OF THE PRINCIPAL DISTRICT
JUDGE AT SRINAGAR

Siyahi Ltd. Vs. Sohel Sheikh

META DATA

1. Nature of matter (Tick any one)

Civil CIVIL SUIT
Criminal
Arbitration
2. Plaintiff
(a) Name and address Siyahi Private Ltd. Agro Division
Phase II, Food Park, Industrial
Estate Khunmoh Srinagar
(b) Email ID
(c) Mobile Phone Number
(d) Age
(e) Advocate Name Inam NAzir
(f) Advocate’s email ID [email protected]
(g) Advocate’s Mobile No. 7298632548
(h) Advocate Code
(i) Advocate Enrolment No.
3. Respondent
(a)Name and address Sohel Sheikh Son of Ebrahim
Sheikh R/o Maharashtra.
(b)Email ID
(c)Mobile Phone Number
(d)Age
(e)Advocate Name
(d)Advocate’s email ID
(e)Advocate’s Mobile No.
4. Department
(a) Department name
(b) Email ID
(c) Phone No.
5/ Special Category (if any of the parties i.e.)
 Senior Citizen : Above 65 years
 SC/ST
 Woman/Child
 Disabled
 Legal Aid Case
 In custody
6. Act (Tick any one)
(a) Central
(b) State
7. Title of the Act
8. Section
9. Civil Cases (Tick wherever applicable)
(a) Civil First Appeal
(b) Civil Second Appeal
(c) Civil Revision
(d) Petition under section 104 RPC
(e) Name of the court which passed
impugned order/decree
10. Criminal Matters
(a)Whether accused/convict has surrendered
(b) FIR No.
(c)Police Station
(d) Sentence Awarded
(e)Sentence Undergone
(f) Name of the court which has passed the
impugned order/judgment
11. MACT Cases
(a)Vehicle No.
(b) Insurance Company
(c)Name of Registered Owner
(d) FIR No. with year
(e)Police Station
12. Fee details
(a) Amount of court fee/ Decretal amount/
fine/compensation paid
(b) Mode of payment
(I) Stamps
(II) Cash
(III) By Credit/Debit Card
(IV) Cheque
(c)Date of payment
(d) Date of receipt

PLAINTIFF THROUGH COUNSEL

M/S. INAM NAZIR & ASSOCIATES

(ADVOCATE)
th
Dated: 28 March, 2022
IN THE HON’BLE COURT OF THE PRINCIPAL DISTRICT

JUDGE AT SRINAGAR

Siyahi Ltd. Vs. Sohel Sheikh

INDEX

S.No. Particulars Pages

01 Meta Data Form
02 Suit / Plaint
03 Annexure I
04 Annexure II
05 Annexure III
06 Annexure IV
07 Annexure V
08 Annexure VI
09 Annexure VII
10 Annexure VIII
11 Annexure IX
12 Annexure X
13 Affidavit
14 Application for interim relief
15 Affidavit
16 Vakalatnama

PLAINTIFF THROUGH COUNSEL

M/S HAMZA PRINCE & ASSOCIATES

(ADVOCATE)
Dated: ____ September, 2021