IN THE COURT OF THE HON’BLE DISTRICT JUDGE, SAKET DISTRICT

COURT , NEW DELHI

CIVIL SUIT NO. ____ OF 2024

IN THE MATTER OF:

Amit Kumar,

S/o Shri Aman Kumar,

R/o 44/3, Green Avenue,

Delhi - 110141 ...PLAINTIFF

VERSUS

Mohit Sharma,

S/o Shri Rohit Sharma,

R/o 456, Blue Street,

Delhi - 110101 ...DEFENDANT

WRITTEN STATEMENT ON BEHALF OF DEFENDANT

MOST HUMBLY SHOWETH:

PRELIMINARY SUBMISSION

1. That the suit filed by the Plaintiff is misconceived, devoid of merit, and liable to be
dismissed in limine. The allegations levelled against the Defendant are factually
incorrect, legally untenable, and an attempt to extract undue advantage.
2. That the Plaintiff has deliberately concealed material facts and has approached this
Hon'ble Court with unclean hands. The Defendant submits that there was no deliberate
 or intentional breach of contract, and the delay in delivery, if any, was due to
circumstances beyond the control of the Defendant, which were duly communicated to
the Plaintiff in a timely manner.
3. That the Plaintiff has failed to fulfil his own obligations under the contract, including
responding to communications from the Defendant regarding the revised delivery
schedule. The Defendant had made every reasonable effort to inform the Plaintiff about
the unavoidable delay and had proposed an alternative delivery date, which the Plaintiff
ignored.
4. That the Defendant denies any liability for the alleged losses claimed by the Plaintiff
and asserts that the Plaintiff has suffered no actual damage or loss due to the minor
delay in delivery. Further, the Plaintiff’s claim for interest and damages is exaggerated,
speculative, and baseless.
5. That the Defendant submits that the Plaintiff’s claim is not maintainable as it lacks
merit and is based on an incorrect interpretation of the facts and contractual obligations.
The Plaintiff’s conduct has contributed to the dispute, and he cannot take advantage of
his own inaction.

PARAWISE REPLY

6. The contents of Para 1 & 2, being matters of record, need no specific reply. However,
the Defendant does not admit to the Plaintiff’s claim of being a reputable businessman
and puts the Plaintiff to strict proof of the same.
7. The contents of Para 3 & 4 are admitted only to the extent that the Defendant and
Plaintiff entered into a contract for the supply of 500 units of electronic gadgets, and an
advance payment of Rs. 1,00,000/- was made by the Plaintiff. However, it is denied
that the Defendant wilfully failed to deliver the goods. The Defendant states that due to
unforeseen supply chain disruptions caused by a vendor’s failure to supply necessary
components on time, the delivery was unavoidably delayed. The Defendant
immediately took steps to address the issue and made all reasonable efforts to fulfil the
contract. The aforementioned contract has been annexed herewith as Annexure A.
8. The contents of Para 5 are denied. It is submitted that the Plaintiff has misrepresented
the facts by failing to disclose that the Defendant kept the Plaintiff informed about the
supply chain disruptions. The Defendant had communicated the revised delivery
timeline to the Plaintiff well in advance and had sought the Plaintiff’s confirmation
regarding the same. The Plaintiff, however, failed to respond to these communications,
 thereby causing unnecessary confusion and misunderstanding. The proof of formal
letter of delay has been annexed herewith as Annexure B.
9. With respect to Para 6, it is submitted that the Plaintiff's allegations regarding non-
communication are false and misleading. The Defendant made multiple attempts to
inform the Plaintiff about the revised delivery schedule. Records of emails and phone
calls sent to the Plaintiff on February 15, 2023, and February 28, 2023, clearly indicate
that the Defendant proactively communicated the expected delay and assured timely
delivery by March 15, 2023. However, the Plaintiff ignored these communications and
failed to provide any response or confirmation. The proof of communications has been
annexed herewith as Annexure C.
10. The contents of Para 7 are denied in their entirety. It is reiterated that the Defendant
acted in good faith and had taken all necessary steps to keep the Plaintiff informed. The
Plaintiff’s failure to acknowledge the revised delivery schedule was the primary reason
for the escalation of the dispute. The Defendant was at all times ready and willing to
fulfil his contractual obligations and had no intention of causing any loss or
inconvenience to the Plaintiff. The proof of supplier purchase and delay in delivery has
been annexed herewith as Annexure D.
11. The contents of Para 8 are denied. It is submitted that the Plaintiff sent a legal notice
without considering the Defendant’s explanations and communications. The Defendant
had responded to the legal notice, explaining the genuine reasons for the delay and
proposing a feasible solution. However, the Plaintiff arbitrarily chose to file the present
suit without any justifiable reason.
12. The contents of Para 9 are wrong and misleading. The Plaintiff has exaggerated the
extent of loss and has not substantiated his claims with any documentary evidence. The
Defendant asserts that there has been no financial or reputational loss suffered by the
Plaintiff due to the minor delay in delivery. The Defendant had assured the Plaintiff
that the goods would be delivered within the revised timeline, which the Plaintiff failed
to acknowledge.
13. The contents of Para 10 & 11 are denied. The Defendant submits that the contract was
still valid, and there was no fundamental breach that would warrant the cancellation of
the agreement or a refund of the advance payment. The Plaintiff had the option to accept
the revised delivery date, which he failed to do.
14. The contents of Para 12 are denied. The Defendant did not commit any breach of
contract, nor did he act in bad faith. The delay in delivery was due to factors beyond
 the Defendant’s control, and he had taken reasonable steps to inform the Plaintiff in a
timely manner.
15. The contents of Para 13 are misleading and denied. The Defendant did not make any
false assurances, and the Plaintiff was well aware of the supply chain disruptions
affecting the timely delivery of goods.
16. The contents of Para 14-16 are denied. The Plaintiff’s claim for damages and interest
is baseless and speculative. The delay in delivery did not cause any financial or
reputational harm to the Plaintiff. Further, the suit lacks merit and does not warrant any
relief sought by the Plaintiff.
17. The Defendant submits that the suit is frivolous and an abuse of the process of law. The
Plaintiff has failed to establish any cause of action against the Defendant, and the
present suit should be dismissed with costs.

PRAYER

In light of the aforesaid facts and circumstances, it is therefore prayed that this Hon’ble Court
may be pleased to:

(a) Dismiss the suit filed by the Plaintiff with costs;

(b) Hold that the Defendant was not in breach of the contract and that the delay in delivery
was due to unforeseen circumstances beyond his control;

(c) Declare that the Plaintiff’s claim for a refund and damages is unwarranted and baseless;

(d) Pass any such further order(s) as may be deemed just and proper in the interests of justice.

DEFENDANT
 IN THE COURT OF THE HON’BLE DISTRICT JUDGE, SAKET DISTRICT
COURT , NEW DELHI

CIVIL SUIT NO. ____ OF 2024

IN THE MATTER OF:

Amit Kumar,

S/o Shri Aman Kumar,

R/o 44/3, Green Avenue,

Delhi - 110141 ...PLAINTIFF

VERSUS

Mohit Sharma,

S/o Shri Rohit Sharma,

R/o 456, Blue Street,

Delhi - 110101 ...DEFENDANT

AFFIDAVIT IN SUPPORT OF WRITTEN STATEMENT

I, Mohit Sharma, S/o Sh. Ramesh Sharma, Residing at: 456, Blue Street, Delhi, do hereby
solemnly affirm and declare as under:

1. That I am the Defendant in the present suit and well conversant with the facts and
circumstances of the case.

2. That the contents of the accompanying plaint, from paragraphs 1 to 17, have been read
by me and are true and correct to my knowledge and belief.

3. That I have not suppressed any material fact from this Hon'ble Court and have filed this
suit in good faith.

4. That the annexures attached with this plaint are true copies of the originals.
VERIFICATION

Verified on this 26th day of February, 2025, at Delhi, that the contents of Para 1 to Para 17 are
true to my knowledge, those of Para 1 to 17 are true on information received and believed to
be true, and the last Para is a humble prayer to this Hon’ble Court.

DATED: 18/2/2023

PLACE: Delhi

SIGNATURE OF THE DEFENDANT

(Mohit Kumar)
 ANNEXURE A

CONTRACT

SUPPLY AGREEMENT

This Supply Agreement ("Agreement") is made and entered into on this 15th day of January
2023, by and between:

1. Amit Kumar, residing at 44/3, Green Avenue, Delhi, hereinafter referred to as the
"Buyer" (which expression shall, unless repugnant to the context, include his heirs,
successors, and assigns),

AND

2. Mohit Sharma, having his principal place of business at 21, Industrial Estate,
Noida, hereinafter referred to as the "Seller" (which expression shall, unless
repugnant to the context, include his heirs, successors, and assigns).

WHEREAS:

A. The Seller is engaged in the business of manufacturing and supplying electronic gadgets;
B. The Buyer desires to purchase 500 units of electronic gadgets from the Seller under the
terms and conditions set forth herein; C. The Seller has agreed to supply the said goods to the
Buyer under the agreed terms.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein, the parties hereto agree as follows:

1. SCOPE OF AGREEMENT

1.1 The Seller agrees to supply 500 units of electronic gadgets to the Buyer in accordance
with the specifications and requirements mutually agreed upon.

1.2 The Buyer agrees to purchase the said goods from the Seller under the terms stipulated in
this Agreement.

2. PURCHASE PRICE & PAYMENT TERMS

2.1 The total purchase price for the 500 units of electronic gadgets shall be Rs. 5,00,000/-
(Rupees Five Lakhs Only).

2.2 The Buyer has paid an advance amount of Rs. 1,00,000/- (Rupees One Lakh Only) to
the Seller on the date of signing this Agreement, receipt of which is hereby acknowledged by
the Seller.
2.3 The balance amount of Rs. 4,00,000/- (Rupees Four Lakhs Only) shall be payable by
the Buyer upon delivery of the goods at the Buyer’s specified location.

3. DELIVERY TERMS

3.1 The Seller shall deliver the 500 units of electronic gadgets to the Buyer at 44/3, Green
Avenue, Delhi on or before March 1, 2023.

3.2 The Seller shall ensure that the goods supplied are free from any defects and conform to
the agreed specifications.

3.3 In the event of any delay in delivery, the Seller shall immediately inform the Buyer in
writing regarding the revised delivery schedule and reason for the delay.

4. BREACH & NON-PERFORMANCE

4.1 If the Seller fails to deliver the goods by March 1, 2023, the Buyer shall have the right to:

a) Seek immediate delivery of the goods or demand a refund of the advance payment of Rs.
1,00,000/-.

b) Claim damages for any loss incurred due to non-performance by the Seller.

4.2 If the Seller fails to respond to the Buyer's requests for delivery or refund, the Buyer shall
be entitled to initiate legal proceedings to recover the advance payment along with interest
and damages.

5. LEGAL NOTICE & DISPUTE RESOLUTION

5.1 In the event of non-performance or breach of contract, the Buyer shall issue a written
legal notice to the Seller demanding compliance.

5.2 If the Seller fails to respond or take corrective action within 15 days of receiving the
notice, the Buyer reserves the right to seek legal remedy.

5.3 Any dispute arising out of or in connection with this Agreement shall be subject to the
exclusive jurisdiction of the courts in Delhi.

6. GENERAL PROVISIONS
6.1 This Agreement constitutes the entire agreement between the parties and supersedes all
prior negotiations, understandings, or agreements, whether written or oral.

6.2 No modification or amendment of this Agreement shall be valid unless made in writing
and signed by both parties.

6.3 If any provision of this Agreement is found to be invalid or unenforceable, the remaining
provisions shall continue to be in full force and effect.

7. EXECUTION

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first written above.

SIGNED AND DELIVERED BY:

For and on behalf of the Buyer

Amit Kumar
(Signature)
Address: 44/3, Green Avenue, Delhi
Date: 15/01/2023

For and on behalf of the Seller

Mohit Sharma
(Signature)
Address: 21, Industrial Estate, Noida
Date: 15/01/2023

Annexures:

 Annexure A: Copy of the written contract.

 Annexure B: Proof of payment of Rs. 1,00,000/-.
 Annexure C: Correspondence records regarding breach of contract.
 ANNEXURE B

Formal Letter for Delay

To,
Mr. Amit Kumar
44/3, Green Avenue
Delhi - 151245

Subject: Notification of Delay in Delivery of Electronic Gadgets

Dear Mr. Amit Kumar,

I hope this letter finds you well. I am writing to formally inform you about an unavoidable
delay in the delivery of the electronic gadgets as per our contract dated January 15, 2023.
While I acknowledge the agreed delivery date of March 1, 2023, I regret to inform you that
due to unforeseen supply chain disruptions, I am unable to meet the originally stipulated
deadline.

The delay has arisen due to an unexpected failure on the part of one of our key component
suppliers, which has significantly impacted our ability to assemble and dispatch the ordered
units within the specified timeline. Despite our continuous efforts to resolve this issue at the
earliest, the unanticipated supply shortage has led to an unavoidable delay in production.

I want to assure you that I have been taking all necessary steps to mitigate the issue and have
been working closely with alternative vendors to procure the required components. As a
result, I have been able to secure the required inventory, and I am now in a position to fulfill
the delivery of your order. Accordingly, I wish to inform you that the revised delivery date
for the consignment is March 15, 2023.

I understand that this delay may cause inconvenience to your business, and I sincerely
apologize for any disruption this may have caused. Please note that this delay is entirely due
to external factors beyond my reasonable control, and I have made every possible effort to
ensure minimal impact on your business operations.

I kindly request your confirmation on the revised delivery date so that I may proceed with the
necessary arrangements to dispatch the goods as soon as possible. Should you require any
further clarification or assistance regarding this matter, please do not hesitate to reach out to
me at your earliest convenience.

Once again, I deeply regret the delay and appreciate your patience and understanding in this
matter. I remain committed to fulfilling my contractual obligations and ensuring the
successful completion of our transaction.

Looking forward to your response.

Yours sincerely,
Mohit Sharma
 ANNEXURE C

EMAIL CONVERSATION

From: [email protected]
To: [email protected]
Date: February 15, 2023
Subject: Urgent: Delay in Delivery of Electronic Gadgets

Dear Mr. Amit Kumar,

I hope you are doing well. I am writing to inform you about an unexpected supply chain
disruption that has impacted our ability to deliver the 500 units of electronic gadgets as per
our agreement. Unfortunately, one of our key component suppliers has failed to deliver the
necessary parts on time, causing an unavoidable delay in production.

We are actively working with alternative suppliers to expedite the process, and I sincerely
apologize for this unforeseen situation. As of now, we anticipate that we will be able to fulfill
the order by March 15, 2023. Please let me know if this revised timeline works for you.

I truly appreciate your patience and understanding. Rest assured, we are doing everything
possible to resolve the issue at the earliest.

Best regards,
Mohit Sharma
Director, Sharma Electronics Supplies

Email 2: Follow-Up on Revised Delivery Date

From: [email protected]
To: [email protected]
Date: February 28, 2023
Subject: Follow-Up: Order Delivery Status Update

Dear Mr. Amit Kumar,

I wanted to follow up on my previous email regarding the delay in the delivery of your order
for 500 electronic gadgets. As mentioned earlier, the delay was caused by unforeseen supply
chain issues, and we have been actively working to resolve them.

I would like to confirm that we are on track to deliver the goods by March 15, 2023. Kindly
acknowledge this email and confirm if you are agreeable to this revised delivery date. If you
require any modifications or have any concerns, please let me know at your earliest
convenience.

I regret any inconvenience caused and appreciate your cooperation. Looking forward to your
confirmation.
Best regards,
Mohit Sharma
Sharma Electronics Supplies

Email 3: Final Attempt Before Legal Dispute

From: [email protected]
To: [email protected]
Date: March 10, 2023
Subject: Urgent: Final Confirmation on Order Delivery

Dear Mr. Amit Kumar,

I am reaching out once again regarding the delivery of your order for 500 electronic gadgets.
As communicated previously, the revised delivery date is March 15, 2023, and we are fully
prepared to dispatch the goods as per this timeline.

Despite multiple attempts to reach you via email and phone, I have not received any
acknowledgment from your side. Please confirm your acceptance of the revised schedule at
the earliest so that we can proceed with the shipment.

If we do not receive a response by March 13, 2023, we will assume that you are no longer
interested in proceeding with the order. In that case, any cancellation or refund will be subject
to the terms of our agreement.

I hope we can resolve this amicably. Looking forward to your prompt response.

Best regards,
Mohit Sharma
Sharma Electronics Supplies
 ANNEXURE D

1. Purchase Order (PO) from Supplier

[Supplier’s Company Letterhead]

XYZ Electronics Pvt. Ltd.
123 Tech Park, Bangalore - 560001
Email: [email protected] | Phone: +91-9876543210

PURCHASE ORDER
PO No.: XYZ/PO/2023/1054
Date: January 20, 2023
Buyer: Mohit Sharma (Defendant)
Blue Street Electronics
456, Blue Street, Delhi - 110011
Email: [email protected]

Order Details:

Item Description Quantity Unit Price (INR) Total Price (INR)

Microprocessors 200 pcs 1,500 3,00,000
LCD Screens 300 pcs 2,000 6,00,000
Battery Units 500 pcs 500 2,50,000
Total Amount (INR) - - 11,50,000

Payment Terms: 50% advance, 50% on delivery

Expected Delivery Date: February 25, 2023

Notes:

 Delay may occur due to ongoing global semiconductor shortage.

 Buyer will be informed in case of unforeseen disruptions.

Authorized Signatory
For XYZ Electronics Pvt. Ltd.
Rahul Verma (Procurement Manager)

2. Email from Supplier Confirming Delay

Subject: Urgent: Delay in Delivery of Electronic Components

From: Rahul Verma (XYZ Electronics Pvt. Ltd.) [email protected]

To: Mohit Sharma (Blue Street Electronics) [email protected]
Date: February 15, 2023
CC: Logistics Team [email protected]
Dear Mr. Sharma,

I hope this email finds you well.

We regret to inform you that due to unexpected disruptions in our supply chain, there will be
a delay in the shipment of your order (PO No.: XYZ/PO/2023/1054) which was originally
scheduled for delivery by February 25, 2023. Our key component suppliers have faced
production slowdowns due to a global shortage of microprocessors, which has affected our
ability to meet the agreed timeline.

We are actively working with our vendors to resolve this issue at the earliest, and we
anticipate that your order will now be shipped by March 10, 2023. We sincerely apologize
for the inconvenience caused and appreciate your patience in this matter.

Please let us know if you would like to proceed with the revised timeline or require any
further clarifications.

Best regards,
Rahul Verma
Procurement Manager
XYZ Electronics Pvt. Ltd.
Phone: +91-9876543210
Email: [email protected]