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Suit For Breach of Contract

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0% found this document useful (0 votes)
22 views

Suit For Breach of Contract

Uploaded by

tllrajesh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SUIT FOR BREACH OF CONTRACT

IN THE COURT OF CIVIL JUDGE SENIOR


DIVISION, PUNE
Civil Suit No /2017

R.D Parmanandka Pvt. Ltd................................................................Plaintiff


V/s
Saptrangi Pvt. Ltd...............................................................................Respondent

WRITTEN STATEMENT ON BEHALF OF THE RESPONDENT

I, Stavan Telgote, advocate on record for Ms. Rekha Jha director of Saptrangi Pvt. Ltd.

having principal office at, Office No 407-408, Zenith complex 4th Floor, Opposite Krishi

Bhavan, Shivajinagar, Pune, Maharashtra 411005, do hereby state on solemn affirmation as

under :

1. Being duly authorized for the same, the present written argument is filed on behalf of

my client i.e. the Respondent in the case, Saptrangi Pvt. Ltd.

2. At the outset, it is submitted that all the allegations made in the Complaint are false,

invalid, illegal and such allegations are made to deliberately harass my client and to

supress true facts hence anything not accepted by my client shall be consider

denied.

3. My client further states that the Plaintiff has filed the Case U/s 74 and 26 of the

Indian Contract Act, read along with Code of Civil Procedure where the Opposite

Party have suppressed material facts with a malafide intention to gain unlawful

pecuniary advantage from my client consequent to which this present Complaint is

being admitted before this Hon’ble Court.

4. My client states that the plaintiff has filed this case deliberately to harass my client

and suppress the true facts.

5. Moreover, my client states that the facts stated in para 1, 2, 3, 4 and 5 are true and

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SUIT FOR BREACH OF CONTRACT
correct to my client’s knowledge.

6. With reference to para 6 my client denies the statement made in the said paragraph

which says that “The Plaintiff further submits that shortly after the delivery of the

consignment, profits for the Plaintiff company reduced significantly which resulted

in the Plaintiff company to suffer horrific losses due to loss of profitable contract

with its major booking agents.” is absolutely false and concocted as the said

statement is not supported by any documentary evidence hence the case shall be

dismissed as per section 23 of Indian Evidence Act, 1872.

7. With reference to para 7 the statement of profit and loss are forged hence

inadmissible.

8. The facts stated in para 8 and 9 are true and correct to my client's knowledge.

9. With reference to para 10 my client denies the said allegations and further states that

if the consignment was of poor quality then you were bound to return it.

10. The fact stated in para 11 is true and correct to my client’s knowledge.

11. With reference to para 12 my client states that she was looking forward to amicable

settlement with respect to the said issue therefore if such notice/letter would have

been received by my client, she would have absolutely replied for the same.

12. My Client submits that the plaintiff is approaching this court with an dishonest

intention to malign our company’s image in the business field. Therefore my client is

entitled to claim damages amounting to Rs.5,00,000 for the crime committed by the

opposite party under section 499 of Indian Penal Code by initiating frivolous

proceedings for defaming my client.

13. With the facts and circumstances mentioned herein in above the suit of the plaintiff

be dismissed with heavy cost.

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SUIT FOR BREACH OF CONTRACT

VERIFICATION

I, Ms.Rekha Jha, director of the Defendant company above named, do hereby state and

declare on solemn affirmation that whatever stated hereinabove is true and correct to my

own knowledge.

Solemnly stated and declared at Pune (This day of July 2017 )

Before me

Identified by me

Advocate for the Defendant

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