IN THE COURT OF THE DISTRICT AND SESSION JUDGE SAKET DISTRICT COURTS, SAKET, NEW DELHI

SUIT NO......... OF 2016

IN THE MATTER OF:AVIKAL PRIVATE LIMITED

PLAINTIFF
VERSUS

S.P GUPTA & SONS PRIVATE LIMITED

... DEFENDANT

WRITTEN STATEMENT FILED BY THE DEFENDANT

UNDER ORDER VIII, RULE 1, C.P.C.

The respondent respectfully states as follows:

Para wise reply:

1) Para no. 1 of the plaint is a matter of record and needs no reply. Not
repeated for the sake of brevity.
2) Para no. 2 of the plaint is a matter of record and needs no reply. Not
repeated for the sake of brevity.
3) Contents of Para no. 3 of the plaint, except which are a matter of
record are wrong and denied. It is submitted that the money acquired
from the plaintiff as a loan (on 1.1.2009) was later agreed to be
treated as share application money for which shares were to be
issued in due course. Which in terms removed the scope of terming
the money as loan money in any scenario thereafter. Meaning the
claim for Rs. 16,50,000 is unjust and wrong.
4) Contents of para no. 4 of the plaint, except which are a matter of
record are wrong and denied.

I.

Matter of record and needs no reply. Not repeated for the

sake of brevity.

II.

Matter of record and needs no reply. Not repeated for the

sake of brevity.

III.

No shares were allotted to the plaintiff company as

allotment of such shares would have severely damaged
the economy capabilities of the company, of which the
plaintiff company was informed about through vide. Letter
dated 20/4/09. The plaintiff company was time and time
made aware of the financial status of the defendant
company due to which a mutual agreement was reached
upon b/w the two companies.

IV.

Contents of para no. 4 (IV.) are wrong and denied. As per

the agreement signed on 15/5/2013 it was agreed that
the money in question was to be repaid to the plaintiff as
and when called upon to do so, but no terms as such
were accepted by the parties for payment of interest in
case of any delay, an interest @18% per annum shall be
payable from the date of demand till its actual realisation.

V.

The other allegations of the para no. 4 which are not

specifically admitted herein are denied. The plaintiff is put
to strict proof of the same

5) Contents of para no. 5 of the plaint, except which are a matter of

record are wrong and denied.
As per the agreement signed b/w the parties on 15/5/2013. The
defendant is not liable to pay any interest on the principal amount to
be repaid to the plaintiff.
6) Contents of para no. 6 of the plaint, except which are a matter of
record are wrong and denied. It is accepted that the defendant
company owes a sum of Rs. 15,00,000 to the defendant which were
to be issued as share but werent due to economical and personal
reasons. The defendant company is more than willing to repay the
aforementioned amount to the plaintiff but with the exclusion of the
18% per annum clause as it was not agreed upon in the agreement
signed on 15/5/2013.
The other allegations of the para no. 5 which are not specifically
admitted herein are denied. The plaintiff is put to strict proof of the
same.
7) Para no. 7 of the plaint is a matter of record and needs no reply. Not
repeated for the sake of brevity.

8) Contents of Para no. 8 of the plaint, except which are a matter of

record are wrong and denied as the petitioner has valued the suit at
an unjust and unfair amount
9) Contents of Para no. 9 of the plaint, except which are a matter of
record are wrong and denied as there was no agreement between the
parties for the repayment of principal sum with interest charged on it
as per agreement signed on 15/5/2013.
Hence, it is prayed that this honble court may be pleased to dismiss
the suit with costs as the defendant is more than willing to pay the
principal sum of Rs. 15,00,000 to the plaintiff.

Counsel for the Defendant

DEFENDANT

THROUGH
Rohit Dhankhar
Advocate
Chamber 32, Delhi High Courts,
New Delhi
NEW DELHI
DATED: /05/2016

VERIFICATION
I, ___________, S/o _____________ aged about ___years, do hereby
declare that the facts stated in paras 1 to 9 are true and correct to the
best of my knowledge, information and belief and I believe the same to
be true and correct. Hence, verified on this the ___day of June, 2016 at
New Delhi.
DEFENDANT