IN THE COURT OF DISTRICT JUDGE, SOUTH DISTRICT,

SAKET COURTS, NEW DELHI

SUIT NO.__________________OF 2017

IN THE MATTER OF:

MAPLE LOGISTICS PVT. LTD. ….PLAINTIFF

VERSUS

ENERTECH ENGINEERING PVT LTD AND ANR ....DEFENDANTS

EVIDENCE BY WAY OF AFFIDAVIT

MOST RESPECTFULLY SHOWETH:

I, Krishan Mohan, S/o Late Sh. Ram Chander Bansal aged about 45 years currently
working as Chief Operating Officer with the Plaintiff company do hereby solemnly
affirm and state as under:

1. At the time of the entire transaction in dispute I was Deputy General Manager
in the Plaintiff Company and am well conversant with the facts and circumstances
of the case from records of the Company and as such am competent to swear the
present affidavit.

2. I state that the plaintiff is a company incorporated under Companies Act, 1956
having its registered office at 75, Khirki Village, Malviya Nagar, New Delhi-110017,
inter-alia, engaged in the business of providing supply chain logistics, project and
ODC Logistics, freight and forwarding, warehousing and distribution.

3. I state that D.K. Malik was the constituted attorney and duly authorized person
of the Plaintiff Company and has been duly authorized by the plaintiff in terms of
Board Resolution dated to sign, verify and institute the present plaint on behalf of
the Plaintiff Company. Copy of the Board resolution dated 24.05.2017 is exhibited
as EXHIBIT PW1/1.

4. I state that Defendant No. 1 i.e. Enertech Engineering Private Limited is a

company incorporated under Companies Act, 1956 having its office at Plot No. 66
to 77, Phase No. III, Cherlapally Industrial Park, Ghatkesar Mandal, RR district,
Hyderabad-50005, inter-alia, engaged in Architectural, Engineering and other
technical activities.

5. I state that Defendant No. 2 i.e. Modem Prefab Systems Private Limited
company incorporated under the Companies i 1956 having its office at Plot No.
273-274, Sector-7, IMT Maneasar, Gurugram-122050. Defendant no.2, inter-alia,
offers a wide range of building products and turnkey solution, ranging from
prefabricated shelters, polyurethane foam panels, Pre-engineered building to re
locatable shelters.
6. I state that by way of the present suit, the Plaintiff seeks to recover an amount
of Rs.15,16,400 (Rupees Fifteen Lakhs Sixteen Thousand Four Hundred only) along
with interest @ 18% per annum. That the said amount is owed by the Defendants
to the Plaintiff being based on freight services tendered by the Plaintiff to the
Defendants on several occasions and the Plaintiff by virtue of the present suit is
seeking to recover a debt and/or a liquidated amount in money payable by the
Defendants with interest.

7. I state that the defendants had regularly transacted with the Plaintiff Company
between April 2015 to October 2016 via emails, phone calls, personal meetings on
several occasions to avail freight services for transportation of consignment of
materials, inter-alia, from JSPL, Angul, Orissa to Itanagar on various occasions.

8. I state that the Defendant No. 2 approached the Plaintiff for the first time in the
month of April 2015 vide email dated 17.04.2015 raising an enquiry for freight
charges for transportation of material from Angul, Orissa to Itanagar. The said
mail was duly replied by the I Plaintiff on 18.04.2015 and 20.04.2015 thereby
quoting a final rate Rs.6650/- PMT (22 MT FTL) for the said transportation of
material from Angul to Itanagar for dimension up to 8.5 feet width. The Plaintiff in
the said email further made it clear to Defendant No. 2 that the said contract is
valid only for a period of one month, transit insurance was the obligation of the
consignor or the consignee and most importantly the payment for the said
transportation should be made by the defendant within 7 days after submission
of bill, through cheque/DD in favor of the Plaintiff company as well as extra rates
shall be applicable in case of ODC material beyond the dimension as aforesaid.
Copies of email dated 17.04.2105, 18.04.2015 and PW1/2(Colly). 20.04.2015 are
exhibited as EXHIBIT PW1/29A (clolly).

9. I state that the said quote/offer of the Plaintiff was forwarded by Defendant
No. 2 to Defendant No. 1 vide email dated 20.04.2015 for the confirmation of the
price for freight services. The said quote/offer of the Plaintiff was duly accepted
and approved by the Defendant No. 1 vide its email dated 21.04.2015 and
accordingly the material was consigned from Angul to Itanagar by the Plaintiff on
missing instructions of the Defendants. It is submitted that several similar.
Transactions were carried out between the Plaintiff and Defendants from April
2015 to October 2016. Copy of email dated 21.04.2015 are exhibited as EXHIBIT
PW1/3.

10. I state that from April 2015 till October 2016 various invoices were raised by
the Plaintiff against each transaction carried out by the Plaintiff on the
instructions of the Defendant No. 2 from time to: time. However, Defendants
started defaulting in making payments since May 2016 onwards for the services
rendered by the Plaintiff. The invoices raised from time to time by Plaintiff were
duly accepted and paid by Defendant No. 2 on behalf of Defendant No. 1 initially
but later Defendant No. 2 rejected the invoices raised by the Plaintiff thereby
returning the same to the Plaintiff. Copies of emails exchanged between the
Plaintiff and Defendant No.1 and No. 2 evidencing the approval of freight by the
Defendant No. I as well as various invoices raised by the Plaintiff on the
Defendants from May, 2016 to October, 2016 are Exhibited as EX PW 1/4 (Colly).

11. I state that the Plaintiff had long term business association and regular
transportation contract with Defendants since April 2015 for transportation of
material from Angul to Itanagar on time to time basis. It is submitted that Plaintiff
was maintaining running account of the transactions between the parties herein
for movement of material from Angul to Itanagar.

12. I state that all the services rendered by the Plaintiff in lieu of its contractual
obligations were to the complete satisfaction of the Defendants and to complaint
was ever raised by the Defendants pertaining to the services rendered by the
Plaintiff.
13. I state that irrespective of the Plaintiff fulfilling its contractual obligations each
time the Defendants has miserably failed to honor its contractual obligations. It is
submitted that it was agreed between the Plaintiff and the Defendants that
payments against each invoice was to be made within 7 days after the submission
of the bill to the Defendants according to the recent terms and conditions agreed
between the parties herein. However, the Defendants failed to comply with the
said condition and were irregular in making payments each time...

14. I state that the plaintiff based on the assurances given by the Defendants from
time to time regarding the payments the Plaintiff carried out the delivery
movement of the material each time irrespective of the default on the part of the
Defendants. The Plaintiff executed all the movement of material in good faith
under the same contract on same rates. It is submitted that regardless of various
reminders, follow ups by the Plaintiff with the Defendants and various assurances
and promises by both the Defendants payments have still not been made.

15. I state that vide email dated 26.04.2016, the Defendant No. 2 requested the
Plaintiff to provide with the signed and stamped account statement from
01.04.2015 to 31.03.2016 which was duly provided to Defendant No. 2, However,
subsequently when the Plaintiff sent an invoice vide e-mail dated 16.05.2016 to
Defendant No. 2 it denied its liability vide e-mail dated 18.05.2016 thereby stating
that freight bills cannot be processed at his office for transportation of Defendant
No. 1’s material. Copy of the email dated 26.04.2016, 16.05.2016, 18.05.2016 and
25.05.2017 have been exhibited as EXHIBIT PW1/3 (Colly).

16. I state that the Plaintiff was allowed by the Defendant No. 2 to raise the
invoices for the said transportation in the name of "Modern PRefab Systems Pvt.
Ltd." for the freight services rendered by the Plaintiff from time to time as the
material was transported on behest of Defendant No. 2. The said fact is evident
from email dated 18.05.2016 wherein Defendant No. 2 after having conversation
with Angul Branch Manager has allowed the Plaintiff to raise bills in the name of
Defendant No. 2- for the subject transportation work. Copy of the e-mail dated
18.05.2016 is exhibited herewith as EXHIBIT PW1/6.

17. I state that due to repeated failure in making payments by the Defendants
Plaintiff was constrained to sent a letter dated 28.06.2016 wherein Plaintiff
requested Defendant No. 1 to accept the bills raised by the Plaintiff which were
returned by Defendant No. 1 vide e-mail dated 25.05.2016 and to make the
outstanding payments at the earliest possible. The said letter was replied by
Defendant No. 2 thereby stating that they have not placed any order for
transportation and hence are not liable to pay any transportation charges. In the
said letter Defendant No. 2 denied its liability the Plaintiff. From the bare perusal
of various e-mails exchanged between the parties herein it is apparent that
Defendant No. 2 had placed orders on the Plaintiff on behalf of Defendant No. on
several occasions and also made payments qua the same. Copy of the letter and
email dated 28.06.2016 are exhibited as EXHIBITPW1/7(Colly).

18. I state that the freight invoices were raised on Defendant No. 2 being the
second buyer / consigner. On the failure of payment by Defendant No. 1 after
continues reminders and follow ups the Plaintiff left with no other option started
raising freight invoices directly to Defendant No. 2 for payment of outstanding
bills but to generate the fright bill in the name of Defendant No. 2.

19. I state that despite several failures in making payments the Defendant No. 2
vide email dated 24.08.2016 made a confirmation of vehicle from JSPL, Angul to
Jote, Itanagar site to Defendant No. 2. It is submitted that both the Defendants
are having malafide intentions and have colluded with each other to evade its
liability towards the Plaintiff.
20. I state that Plaintiff has sent constant reminders via emails, arranged meetings
with Defendant's employee and persistently sought a time estimate for receiving
payment. Despite all the opportunities afforded, the defendants have made no
effort to show that they have any intention to honor the outstanding payments. It
must be noted that the Defendants were quite prompt in placing the order for
making transportation available but when it came to the final performance of
contract i.e. making payment for services rendered, they have failed to honour
their obligations.

21. I state that it is therefore evident that despite receiving several requests to
clear the said outstanding amount, the Defendants have failed to make payments
towards the same. The Defendants has shown clear disregard and indifference
towards fulfilling its payment obligation. Further, the Defendants have
continuously denied the payment which is due and complete refusal to accept the
bills. In every meeting they have acknowledged the pending amount and
promised to make complete payment but reneged on their word after that.

22. I state that despite the Plaintiff having duly performed its part of the
obligation, by timely supplying the consignments, in accordance with the agreed
terms Defendants till date, contrary to their assurances, acknowledgments and
representations, have failed to make payments to the Plaintiff.

23. I state that in view of the foregoing it is amply evident that the Defendants
have intentionally and with malafide intent withheld the payment of the
outstanding amount despite reaping the benefits the services provided by the
Plaintiff.

24. I state that the Plaintiff is left with no other recourse and remedy and is
constrained to file the present suit. In view of the totality of facts as narrated
hereinabove, it is submitted that a sum of Rs.15, 16,400/-(Rupees Fifteen Lakhs
Sixteen Thousand Four Hundred only) is legally due to the plaintiff and the
Defendants are liable to pay the same to the plaintiff. Leader statement of the sue
amount maintained by the Plaintiff company exhibited as EXHIBITED PW1/8.

25. 1 state that the cause of action arose for the first time on 17.04.2015, when
Defendant No. 2 contacted the Plaintiff vide email raising an enquiry for freight
charges. That the cause of action also arose when the plaintiff replied making a
proposal, by providing a quote to that mail. That the case of action arose when
the Defendant No. 1 sent an intimation approving freight charges and requesting
vehicle be made available for delivery. That the cause of action arose each time
Defendants raised a similar enquiry and made a request for delivery of vehicle for
transportation and approval of charges. That the cause of action arose when the
Plaintiff raised various invoices on the Defendants subsequent to performance of
its contractual obligation i.e. delivery of the consignment. That the cause of action
also arose when the Defendant failed to perform its share of contractual
obligation i.e. payment within 7 days after submission of bills. That the cause of
action arose on various occasions when the Plaintiff sent various reminders to the
Defendants for clearing outstanding dues. That the cause of action arose on
various meetings when the Defendants assured the due payments to the Plaintiff.
That the cause of action is continuing on a day-to-day basis as the money of the
Plaintiff Company has still not been paid by the Defendants. Thus the cause of
action is continuing one till the time the amount as the mentioned is recovered
from the Defendants Companies.

26. I state that as per the terms agreed between the parties herein all the
disputes arising between the parties herein are subject to Delhi jurisdiction
exclusively. Further part of cause of action arises in Delhi. All communications
have also been exchanged from Delhi. The Plaintiff is situated in Delhi. All works
were performed from Delhi. Hence, this Hon'ble Court has jurisdiction to
entertain and try the present suit.
27. I state that the present suit having been filed in aforesaid facts and
circumstances is well within the period of limitation.

28. I state that the contents of the above affidavit are true and correct to the best
of my knowledge and belief and nothing material has been concealed there from.

DEPONENT

VERIFICATION:

Verified at New Delhi on this ______________day of _______that the contents

ofthe above affidavit are true and correct to the best of my knowledge and belief
and that nothing material has been concealed there from.

DEPONENT