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Mj s. G M BELL Healthcare Cjo. Hiren V. Doshi
(I) Pvt. Ltd ..... Complainant
Versus 1) Mr. Jayesh K. Mehta Mr. Nitesh G. Mehta ..... Accused No. 1(Applicant) ..... Accused No.2
List of Documents
Sr. No. 1.
Statement dtd. 20.7.2010 & 24.8.2010 of Mr. Nitesh G. Mehta alongwith letter dtd.15.4.2009, bill No.15 dtd.11.7.2007, bill NO.R0028 dtd.l1.8.07 of GMBELL HEALTHCARE, copy of Invoice NQ.Uj004 dtd. 5.7.2007 of Mj s. Universal Impex for Rs.13,50,283.6.5, challan No.35j0708 dtd.9.6.07, Invoice No.035 dtd.5.7.07, Invoice of job charges No.035j0708 for Rs.55,406.40 and copy of carton (original) for batch NO.251 manufacture. Dt. Feb.07, expo Dt. June 09 which clearly shows these goods manufactured by Mjs. Universal Impex at Vashi, Thane. Trade mark certificate of Saldin Ointment in name of Mj S. Universal lrripex No.729958 dtd.31.7.2006 valid for 10 years and GMBELL letter to Sadguru Pharma. Apart from above a compilation containing minutes of meeting dtd.18.10.06, letter dtd. 27.9.06 of Mjs. Yash International to Mj S. Universal Impex Copy of e-mail dtd. 30.01.07 from Mr. Vivek to Mj S. Universal Im pex, st aterneri t of commission -----'-_o_f_M_r_.__~~tV~_,__ lis~ of Bjl!s of _V_iv_e __ k _
Hite sh Pharma, Ledger Mis. Account of MI s. GMBELL HEALTHC ARE, Bills of MI s. GMBELL Healthcare (India) Pvt.Ltd. to MI s. Hitesh Pharma, list of s ale of bill of MI s. Universal Impex, Ledger Account in the bo oks of My s. Trovin Healthcare, copies of bills, copyright certificate, letter dtd. 30.4.07 an d letter dtd. 5.10.06 of to Mis. Mis. Hite sh Pharma Universal Impex, copy of letter dtd.4.10.0 7 of MI s. GMBELL Healthcare (India) Pvt.Ltd., letter dtd. 30. 10.2007 of My s. Universal Impex, letter dtd.4.10.2 007 of Mis. Sadguru Pharma, Ietter dtd.4.10.2007 and 5.10.2007 of M/s.GMBELL Healthcare. Letter dtd .15.11.2007 Universal Impex GMBELL 1-Iealthcare expenses paid Universal Impex Sadguru Plrarrna of Mis. to Mis. and other by Mis. for Mis.
I declare that the above listed documents running from page 1 to ...... are supplied herewith, the said documents are true and correct as per my knowledge and belief.
Date: / /2011 Accused No. 1 above named
IN THE COURT OF METROPOLITAN MAGISTRATE COURT NO. (13) AT AHMEDABAD CONTEMPT APPLICATION NO METROPOLITAN CASE NO.6/2008
MI s. G M BELL Healthcare (I)Pvt. Ltd C/o. Hiren V. Doshi
Mr. Jayesh K. Mehta Mr. Nitesh G. Mehta
..... Accused No.l(Applicant) ..... Accused No.2
AN APPLICATION PRAYING FOR INITIATING CONTEMPT PROCEEDINGS AGAINST ACCUSED NO.2 ABOVE NAMED i.e. MR. NITESH G. MEHTA MOSTRESPECTFULLYSHEWETHTHAT:
1. The complainant
above named Mis.
G.M. Bell Healthcare (1)
Pvt.Ltd. had filed the captioned complaint through its director Shri Hiren V. Doshi, against both the accused above named and subsequently Mr. Jayesh K. Mehta i.e. accused No.1 above named had filed a petition UI s.482 of the Criminal Proceeding Code before the Hon'ble High Court of Gujarat praying for quashing the complaint. Summary in the Subsequently, the Hon'ble High Court vide Order dated 22 110 12010. was pleased to direct the Navrangpura Police Station to file a 'C' matter Accordingly, the said 'C' summary is filed by the respective police authorities before this Hon'ble Court. Court. However, the fact remains that the complaint is still pending before this Hon'ble Therefore, accused No.1 above named is filing instant application whereby few most import facts would be brought to the notice of this Hon'ble Court. 2. Vide statement dated 24/8/2010 the complainant above named
had deposed before the Navrangpura Police Station that: a. Mr. Jayesh K. Mehta had shown a letter dated 28/9/2007 which was signed by him as a Director on letter head of
Mr s. G.M. Bell Healthcare (I) Pvt.Ltd. and told that a sum
which was payable to M/s. G.M.BeJl
Healthcare (I) Pvt.Ltd. by accused No.2 above named may be paid to M/ s. Universal Impex. b. Apart from the above, as per the said statement, sum of Rs.3,62,000/18/9/2007 and on 18/7/2007, on RsA,04,005/the on
accused No.2 had also deposed that he has already paid a Rs.18,678/18/9/2007 to M/s.
Universal Impex since Mr. Jayesh K. Mehta had vide his letter dated 28/9/2007 asked him to do so. dated 24/8/2010, the
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c. Further, vide the said statement accused another letter dated 4/10/2007
No.2 above named had deposed that as per signed by Mr. Jayesh K.
Mehta in capacity of director on the letter head of M/ s. G.M. Bell Healthcare (I)Pvt.Ltd., Mr. Jayesh K. Mehta had told accused No.2 to pay a sum of Rs.9,00,000/Pvt.Ltd. and Rs.9,00,000/same letter comrmssron that dated in addition to the said to to M/s. sum pay of 4(% to Universal Impex instead of M/ s. G.M. Bell Healthcare (1) Mr. Jayesh K. Mehta had vide his very agreed
on the total sales of Rs.1,29,25,324/-
accused No.2 (viz. M/ s.Sadguru Pharm a) and 2% of the said amount as "F" Form commission. d. In addition to the above, vide the very same statement dated 24/8/2010, the accused No.2 above named has also. stated that Mr. Jayesh K. Mehta in capacity of director of M/s.G.M. Bell (I) Pvt.Ltd. had issued a credit note bearing., No.1 dated 5/10/2007 3. Vide the instant for an amount ofRs.5,17,000/-.
application, the applicant above named i.e.
accused No.1 in the matter would like to invite this Hon'ble Court's kind attention to following facts in regard to the above mentioned points:a. As far as Point No.[a] mentioned above, is concerned, it cannot be true because, it is impossible that vide letter. dated 28/9/2007, Mr. Jayesh K. Mehta had asked to
accused No.2 to make payment as mentioned above and that accordingly he had made payment on the date prior to the date of the letter as mentioned above. Therefore it is proved beyond any doubt incorrect misleading and the deposed relevant that the the police same is factually only intention of and authorities with
subsequently misguiding this Hon'ble Court. dated 28/7/2007 24/8/2010
to the above, fact remains that there is no such letter' at all. Therefore, in light of these facts it is most humbly submitted that the deposition made on by the accused No.2 above named is factually
incorrect and said accused No.2 may be liable to face contempt proceedings. b. As far as Point No.[b] as mentioned above is concerned, the same cannot be true because, the question of making payment prior to the date of letter i.e. 28/9/2007 asking the accused No.2 to make payment just does not arise. This goes to prove beyond any doubt that the same is factually incorrect and therefore, accused No.2 deserves to be quashed and set aside to face the contempt proceedings. c. As far as deposition made by the accused No.2 above named as stated vide point No.3 above is concerned, on one hand he has stated vide his statement dater] 24/8/2010 before the Navrangpura Police Station that he to M/s. Universal
has made a payment of Rs.5,17,000/Impex as per the credit note.
However, the fact remains for Rs.5,17,000/-, 5/10/2007 for
that it was not a credit note but Accused No.2 has issued a debit note No.0002 dated 5/10/2007 and debit note No.0003 dated Rs.2,58,506/Universal comes
as 'F' Form commission for Universal Impex
agent but this amount claimed by him is not paid to M/s. Impex but he has accounted and received 4(1;) 2% on that comes to m No.2 above commission on sale of Rs. 1,29,25,324/ - and 4% on that. to Rs.5, 17,000/ - and thus an Rs.2,58,506/arnount of Rs.7,75,506/-
aggregate is already received by accused
named but not by My s.Univereal Impex as deposed by him. Therefore, it is submitted that the said statement is contradictory to the fact and that it is dated 24/8/2010
made to misguide and therefore it is requested to kindly initiate contempt of court proceedings against him. statement Mehta dtd. 20.7.2010 alongwith letter 24.8.2010
support of the same the applicant is annexing herewith
of Mr. Nitesh G. bill
dtd.11.7.2007, My s, Universal
bill No.R0028 dtd.11.8.07 Impex for
of GMBELL challan
HEALTHCARE,copy of Invoice No.U/004 dtd. 5.7.2007 of Rs.13,50,283.65, No.35/0708 dtd.9.6.07, Invoice No.035 dtd.5.7.07, Invoice of job charges No.035/0708 for Rs.55,406AO and copy of carton (original) for batch No.251 - manufacture. Dt. Feb.07, expo Dt. June 09 which clearly shows these goods manufactured by M/s. Universal lmpex at Vashi, Thane.
Trade mark certificate of Saldin Ointment in name of My s. Universal Irnpex No.729958 dtd.31. 7.2006 valid for i0 years and GMBELLletter to Sadguru Pharma. above acorn pilation letter containing dtd. minutes of dtd.18.10.06, 27.9.06 Apart from of meeting M/s. Ya_sh
International to M/ s. Universal Impex. Entire compilation is annexed collectively as ANNEXURE - 'A'. mail dtd. 30.01.07 from Mr. Vivek to M/s. Copy of eUniversal
Impex, statement of commission of Mr. Vivek Rave, list of Bills of M/ s. Hitesh Pharm a, Ledger Account of M/ s. GMBELLHEALTHCARE,Bills of M/s. GMBELLHealthcare (India) Pvt.Ltd. to M/ s. Hitesh Ph arrn a, list of sale of bill of
Mj s. Universal Impex, Ledger Account in the books of
, j ,
certificate, letter dtd . .30.4.07 and letter dtd. 5.10.06 of M/ s. Hitesh Pharma to M/ s. Universal Irnpex, copy of letter letter dtdA.10.07 dtd.4.10.2007 of M/s. GMBELL Healthcare Sadguru Pharma, (India) letter Pvt.Ltd., letter dtd. 30.10.2007 of M/ s. Universal Impex, of M/ s.
, j ,
and 5.10.2007 of M/s.GMBELL Healthcare. herewith as ANNEXURE
The said compilation is annexed
- 'B'. Furthermore, in order to satisfy this Hon'ble Court
that the Accused No.2 has misguided Your Honour, a
compilation expenses Sadguru
containing paid by
letter M/ s.
of M/ s. for M/ s ..
Universal Impex to M/ s. GMBELL Healthcare and other Universal Pharma. A copy of the same is annexed as
ANNEXURE - 'C' collectively. d. As stated above in Point No., the staterrient submitted on 24/8/2010 is factually incorrect.
4. In light of the above clarified position, it is most humbly and respectfully urged that this Hon'ble Court may kindly appreciate that the statements made by the accused No.2 is falsely ' deposed and it is an incorrect statement. Since it is so, the said
act of accused No.2 above named is liable for contempt petition.
PRAYER ---,-----5. It is therefore prayed that [a] this Hori'ble Court may be pleased to initiate the Contempt of court proceedings against the accused No.2 above; [b] this Hon'ble Court may be pleased to dismiss the complaint filed
by the complainant above named. such other and further relief/ s as deemed fit in the interest of justice may kindly be granted to the accused above named. [d] In light of the fact that 'C summary
is already filed in the
matter even otherwise and taking note of the same, this Hon 'ble Court may please quash the complaint filed by the complainant . above named.
AND FOR THIS ACT OF KINDNESS AND JUSTICE, THE ACCUSgn ABOVENAMED AS IN DUTYBOUND SHALLREMAINOBLIGED. Place: Ahmedabad
Date: / /2011
I, Jalyesh K. Mehta, the accused stated in 'para to
No. 1 cbovenorned do hereby state that what is above is true to the best of my knowledge obove is prayer clause . and
belief and what is stated in para
Verified today the
.- 9 A! i ::?
20 I I (\
..:,9 AUG 2011
Accused No.1 abovenamed
, I .'
SOLEMNLY AFFIRMED BEFORE ME
. ~-"1~"_\_r::-KISHcsRE R. S
NOTARY OU.lARAT STATE INDIA
':- 9 AUG 2011