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PRE INSTITUTION APPLICATION

BEFORE THE HON’BLE DISTRICT SERVICE AUTHORITY

AT BHUJ-KACHCHH.

MEDIATION APPLICATION NO. _____ OF 2022

M/s VISAARA GLOBAL IMPEX,

Through its Authorised person
Jagdish Jayraj Gajra,
having their registered office at
Office no.231, 2nd Floor,
Kutch Arcade Platinium, RS.No.234/1,
Village- Mithi Rohar, Taluka : Gandhidham,
District- Kutch, State- Gujarat (India) ………..Applicant

Versus

M/s UNIQUE KONCEPT,

Through its Proprietor/Partner
PRADIP KUMAR CHARKRABORTY,
Laxmipur, Colony, P.O. Mahila,
P.S. English Bazar, District- Malda,
West Bengal-732210 ……..Opposite side

Sub:- Recovery of Rs.4,01,264/- (Rupees Four Lakhs One Thousand

Two Hundred and Sixty Four Only) toward due and outstanding.

May it please your Honour:

The Applicant submits Pre-Institution Mediation as under:-

1. That, the Applicant is a Partnership Firm registered having

its registered office at Office No.231/B, 2nd Floor, Kutch
Arcade Platinium, RS.No.234, Village- Mithi Rohar, Taluka :
Gandhidham, District- Kutch, State- Gujarat (India) and
running the business, and Shri Jagdish Jayraj Gajra is
authority holder who is filing and verifying this application.
The Copy of ID Proof, GST Registration Certificate and
Authority letter is hereby attached with Suit/Application,

2. That the Opposite party is also a firm having there Office

situated at the above mentioned address.
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3. The applicant is engaged in the business of Timber Goods.

Hence the Opposite Party use to Order the various Timber
products , Whereas according to the Order, the Applicant
had deliverd the product time to time without any break to
Opposite Party.Further time to time invoices were also
raised against the order of opposite party and the same
were sent to the Opposite Party which are in their custody.
Thus the Opposite Party is hereby called upon by pleadings
to produce the original bills, invoices,Related Documents
and copy of account before the Hon'ble Mediatiain
Authority and Court . Further the Details of Invoices and e-
E-Way Bill are mentioned below.

Sr. Description Date

No.
1. Invoice No. GST/A/005/2018-19 With 21/06/2018
Packaging list.
2. E-Way Bill No.6310 2163 5564 In 21/06/2018
Respect of Invoice No.
GST/A/005/2018-19

4. That the Opposite Party had received the material on credit

but have not make a payment pending balance of
Rs.4,01,264/- (Rupees Four Lakhs One Thousand
Two Hundred and Sixty Four Only) of said material to
Applicant. And for which the Applicant has maintained
ledger of accounts and respective invoices, E-way Bills etc
were timely sent to the Opposite party. The copy of Ledge
Account Statement, Invoices with Packaging List and E-
Way Bills are produced herewith.

ACTUAL DISPUTE ARISEN

5. That despite repeated demands and personal approaches

by Applicant before Opposite Party to their office: the
defendant failed and neglected to make the payment of
due and outstanding amount.

6. That in this way, the total amount of Rs.4,01,264/-

(Rupees Four Lakhs One Thousand Two Hundred
and Sixty Four Only) is due from the side of the Opposite
party.
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7. That the Applicant had approached to the Opposite party

many times through various modes to repay the dues, but
till the date the Opposite party failed to do so, by making
false assurance to the Applicant.

LEGAL DEMAND NOTICE

8. Hence forth lastly Applicant through his advocate Mr. D.U.
Joshi got issued legal notice dated 05/03/2020. The
Opposite party is in receipt of the notice but till the date
the Opposite party had neither replied to said notice nor
initiated any steps for repayment towards the dues.

CAUSE OF ACTION:
9. That the cause of action to file the present application
arisen when Opposite Party Failed to make payment of
Outstanding Dues and Amount, and thereafter lastly when
the Applicant got issued notice dated 05/03/2020 to the
Opposite party for payment thus the present suit is being
filed in time.

RECOVERY AMOUNT
10. That the Applicant has claimed an amount of
Rs.4,01,264/- (Rupees Four Lakhs One Thousand
Two Hundred and Sixty Four Only).

TERRITORIAL JURISDICTION
11. That the goods of the Applicant supplied Goods from Mithi
Rohar, Gandhidham , Kachchh, Gujarat. Further the
Applicant is has having their office at Mithi Rohar,
Gandhidham , Kachchh, Gujarat. That such cause arisen
within the Local jurisdiction of this forum.

COMMERCIAL DISPUTE
12. That looking to the foregoing facts amount recoverable
from opposite side, pertaining to the commercial deal,
henceforth dispute falling under the purview of provisions
laid down under Act i.e. Section: 2(c) of the Act.
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13. RELIEF PRAYER TOWARDS THE PROPOSED

COMMERCIAL SUIT
The Applicant therefore most respectfully prays that the
Judgment and Decree may kindly be ordered to be passed
against the Opposite party and in favour of Applicant as
under :

I) Be pleased to direct the Opposite party to pay to the

Applicant the sum of Rs.4,01,264/- (Rupees Four Lakhs
One Thousand Two Hundred and Sixty Four Only)
towards Outstanding dues and Amount.

II) Be pleased to direct the Opposite party to take all

necessary steps regarding to pay to the Applicant a sum of
amount with interest as calculated from the last transaction
made, and till the final realization of present suit, at the
rate of 18% P.A. interest payable on said due and
outstanding amount.

III) Be pleased to award the cost of suit along with advocates

fees etc. against the Opposite party.

IV) To grant any other relief which your Honor deem fit and
proper looking to the merits and facts in the matter.

THE HUMBLE SUBMISSION BEFORE YOUR HONOUR:

The applicant therefore submits that the proceedings may be
initiated and parties be called for amicable resolution under
mediation conciliation; and failure thereof necessary certificate
may be issued in accordance with law.

Date- ___________________
Place- Bhuj-Kachchh Applicant

VERIFICATION

I Mr. Jagdish Jayraj Gajra, Age-32 Years Authorised person of M/s

VISAARA GLOBAL IMPEX, having their registered office at Office no.231,
2nd Floor, Kutch Arcade Platinium, RS.No.234/1, Village- Mithi Rohar, Taluka :
Gandhidham, District- Kutch, State- Gujarat (India), the Applicant; do hereby
verify that, whatever is stated in Pre Institution application Para No.1 to 7 is
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true and correct to the best of my knowledge and belief. The Pre Institution
application para no: 8 to 12 being legal contentions I believe to be true. The
Pre Institution application para no: 13 is relief prayer before the Hon'ble
Forum:

Verified at ___________________ on __________________

Date- ___________________
Place- Bhuj-Kachchh Applicant

Presented by :

[A.V.Chaudhary]
Advocate for Applicant

BEFORE THE HON’BLE DISTRICT SERVICE AUTHORITY

AT BHUJ-KACHCHH.

MEDIATION APPLICATION NO. _____ OF 2022

Visaara Global Impex ………..Applicant

Versus

SK CHARKRABORTY AND SONS ……..Opposite party

AFFIDAVIT VERIFYING THE SUIT

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I Mr. Jagdish Jayraj Gajra, Age-32 Years Authorised person

of M/s VISAARA GLOBAL IMPEX, having their registered
office at Office no.231, 2nd Floor, Kutch Arcade Platinium,
RS.No.234/1, Village- Mithi Rohar, Taluka : Gandhidham,
District- Kutch, State- Gujarat (India), the Applicant; do
hereby declare on solemn affirmation as under:

1. I say that I have filed the above said Pre Institution

Application against the Opposite party for recovery of
Rs.4,01,264/- (Rupees Four Lakhs One Thousand
Two Hundred and Sixty Four Only) etc.,

2. I say that, whatever is stated in Pre Institution Application

para No.1 to 7 is true and correct to the best of my
knowledge and belief. The Pre Institution Application para
no: 8 to 12 being legal contentions I believe to be true. The
Pre Institution Application para no: 13 is relief prayer
before the Forum:

3. I say that whatever is stated above is true to the best of my

knowledge and belief.

Solemnly declared at _________________ on_________

Identified by :

Deponent
(Advocate)

Presented by

Advocate for Applicant