IN THE BOMBAY CITY CIVIL COURT AT BOMBAY

IN ITS COMMERCIAL DIVISION

COMMERCIAL SUIT NO. OF 2020
CHECKMATE SERVICE PRIVATE LIMITED, )
A company incorporated in accordance with )
The provisions of the Companies Act, 1956, )
through its Additional General Manager, )
Commander Mr. MastanSingh )
having its registered office at GF-6-9, Amaan )
Towers, Suvas Colony, Fatehganj Main Road, )
Baroda, Gujarat – 390 002. ) … Plaintiffs

Versus

LAVASA HOTEL LIMITED, )

A company incorporated in accordance with )
the provisions of the Companies Act, 1956, )
having its registered office at Hincon House, )
Lal Bahadur Shastri Marg, Vikhroli (West), )
Mumbai – 400 083. )… Defendants

AFFIDAVIT OF EVIDENCE OF THE PLAINTIFFS IN LIEU

OF EXAMINATION IN CHIEF:
I, MR. MASTAN SINGH, Additional General Manager,
Commander Mr. Mastan Singh having its registered office at GF-6-9,
Amaan Towers, Suvas Colony, Fatehganj Main Road, Baroda, Gujarat
– 390 002 authorized signatory of the Plaintiffs above named, do
hereby state on solemn affirmation as under:

1. I am the Director/ authorized signatory on behalf of the Plaintiffs.

The Plaintiffs are a Private Limited company incorporated in
accordance with th4e provisions of the Companies Act, 1956. By
Board Resolution dated __________ I am authorized to depose on
behalf of the Plaintiffs. I am conversant with the facts of the case.
I am deposing on the basis of record of the Plaintiffs and
maintained in ordinary course of business. The Defendants are
also company in the business of hotel.
2. The brief facts of the case are as under:
3. I say that the plaintiffs are the company conducting business of
facilitating the service of securities. Somewhere in the year of
January 2011, the Defendants approached the plaintiff to avail the
said facility of the security for their Hotel Business. Pursuant to the
negotiation between the Plaintiffs and Defendants, they entered
into an Agreement dated 11.02.2011 to render services of hotel
business upon various terms and condition more particularly
mentioned in the said Agreement. I say that initially the said
agreement was executed for the short period of one year with
effect from February 2011 to March 2012. I say that subsequently
the said agreement was extended twice for further period of 3 years
each with effect from March 2012 to March 2015 and March 2015
to March 2018 by executing two separate Extension Letters dated
01.03.2012 and 31.03.2015 respectively. I am producing the copy
of the agreement dated 11.2.2011 executed between the
 Defendants and the Plaintiffs. The same is signed by
____________ on behalf of the Plaintiffs and signed by
______________ on behalf of the Defendants. The said document
is executed in ordinary course of business. I say that the aid
document has been acted upon. I identify the signature of Mr.
____________ and Mr. _____________. The contents thereof is
true and correct. The same is to be take on record and to be
marked as Exhibit. I am also producing the letter dated 1.3.2012
for extension of agreement period. The said letter is signed by Mr.
_____________ on behalf of the Defendants and signed by
______________ on behalf of Plaintiffs. The contents thereof is
true and correct. The same is to be take on record and to be
marked as Exhibit. I am also producing the letter dated
31.3.2015. The same is signed by Mr. _____________ on behalf
of Plaintiffs and _______________ on behalf of the Defendants.
The same is for extension of agreement period, the contents thereof
is true and correct, the said be taken on record and to be marked as
Exhibit.
4. I say that during the aforesaid period, in ordinary course of
business, the Plaintiffs issued monthly Tax Invoices from time to
time to the Defendants. I say that upon issuance of the said
monthly Invoices, the Defendants cleared the same by making
payment to the Plaintiffs. I crave leave to refer to and rely upon
the particulars of Tax Invoices and the particulars of payments
made, ledger accounts maintained in ordinary course of business
when produced. I am producing the copy of Tax Invoice dated
1.1.2018 raised in favour of the Defendants. The same is computer
 generated copy in ordinary course of business. The Plaintiffs all
tax invoices are generated from computer under their billing
system. The copy of the print out of said Tax Invoice dated
1.1.2018 was taken out by Shri _____________, accountant from
the Computer installed at _______________ the registered office
of the Plaintiffs company. I am also producing certificate of
producing electronically generated records in accordance with the
provisions of Sections 55(A) and (B) of the Civil Procedure Code,
1908. The said tax invoice is delivered to the Defendants. The
contents thereof is true and correct.
5. I say that inspite of raising Tax Invoices for the services render
last four months of the last extended period i.e. December 2017 to
March 2018, under utter shock and surprise the Defendant No. 1
failed to make payment of the said Tax Invoices. The particulars of
the said four unpaid invoices are mentioned in the plaint. I am
producing the copy of the Email exchanged between the Plaintiffs
and the Defendants in ordinary course of business. The said
conversation is of 15.10.2018, 20.10.2018, 22.10.2018,
24.10.2018, 25.10.2018. For exchange of the said correspondence,
E mail address of respective Plaintiffs and Defendants for use of
their respective Email addresses. Following Email addresses are of
the Defendants. The aforesaid electronic exchange of
correspondence is in ordinary course of business from their
respective Email addresses. I am producing hard copy of the
aforesaid Email. I am also producing the certificate under Section
65 (A) and (B) of Indian Evidence Act, for production of electronic
evidence, which re downloaded by the person in ordinary course of
 business. The said be taken on record and to be marked as
exhibit. The aforesaid electronic exchange of correspondence is in
ordinary course of business from their respective Email addresses.
I am producing hard copy of the aforesaid Email. I am also
producing the certificate under Section 65 (A) and (B) of Indian
Evidence Act, for production of electronic evidence, which re
downloaded by the person in ordinary course of business. The
said be taken on record and to be marked as exhibit. The aforesaid
electronic exchange of correspondence is in ordinary course of
business from their respective Email addresses. I am producing
hard copy of the aforesaid Email. I am also producing the
certificate under Section 65 (A) and (B) of Indian Evidence Act,
for production of electronic evidence, which re downloaded by the
person in ordinary course of business. The said be taken on record
and to be marked as exhibit. The aforesaid electronic exchange of
correspondence is in ordinary course of business from their
respective Email addresses. I am producing hard copy of the
aforesaid Email. I am also producing the certificate under Section
65 (A) and (B) of Indian Evidence Act, for production of electronic
evidence, which re downloaded by the person in ordinary course of
business. The said be taken on record and to be marked as
exhibit. I say that there is no dispute of whatsoever nature with
respect to the rates and service rendered.
6. I say that accordingly the aforesaid amount is due and payable by
the Defendants to the Plaintiff. Despite various reminders to the
Defendants, the Defendants failed and neglected to make payment
to the Plaintiffs. The Plaintiffs further state that, there are
 chequered history of email correspondences exchanged between
the Plaintiffs and Defendants. Inter alia, Plaintiffs came to know
that the parent company of Defendants i.e. LAVASA
CORPORATION LIMITED went into liquidation. I say that in the
said Email correspondences, the Defendants admitted their liability
and requested the plaintiffs to give some more time to clear the
dues. The aforesaid electronic exchange of correspondence is in
ordinary course of business from their respective Email addresses.
I am producing hard copy of the aforesaid correspondence. I am
also producing the certificate under Section 65 (A) and (B) of
Indian Evidence Act, for production of electronic evidence, which
are downloaded by the person in ordinary course of business. The
said be taken on record and to be marked as exhibit.
7. I say that the Plaintiff issued Demand Notice dated 21.06.2019
inter alia demanding the outstanding amount of Rs. 11,74,713/-
together with interest @ 18% PA. The said Demand Notice has
been duly served upon Defendants.
8. I say that the plaintiffs were intending to prefer petition under the
provision of IBC. However, because of the pandemic and
subsequent amendment in IBC and government notification, the
limit of filling petition is raised to one crore rupees and therefore
plaintiff cannot invoke the provision of IBC. The Hon’ble Supreme
Court by invoking Article 142 of constitutional of India, extended
period of limitation in the event if the claim becomes time barred
during lockdown period. Accordingly, at the earliest possible
moment, the plaintiffs beg to file present suit as the transaction
falls within the scope and preview of Commercial Causes Act. I
 am producing the notice under section 5 of the Insolvency &
Bankruptcy Code, 2016 inter alia, calling upon the Defendants to
pay the Plaintiffs` legitimate dues of Rs. 11,74,713/- long with
interest thereon. I am producing th4e said letter. The said letter is
signed by Shri _______________, authorized signatory of the
Plaintiffs. The said notice dated 21.06.2019 has been served upon
the Respondents by Registered Post AD. I am producing the
receipt of dispatch of the aforesaid postal article as well as
producing the track record of the aforesaid postal article. I say that
the said postal article has been delivered to the Plaintiffs on
24.06.2019 at 18.32.11 Hours. The said track consignment is
generated from the Website of the Department of Posts, Ministry
of Communication, Government of India. I am producing the
certificate under Section 65(A) and (B) of the Indian Evidence Act.
The same be taken on record and to be marked as Exhibit.

9. I say that despite receipt of the said Demand Notice dated

2106.2019, the Defendants neither replied nor complied with the
requisition of the said demand notice. Therefore, the Plaintiffs
time and again by their notice dated 11.03.2020, called upon
Defendants to make payment of outstanding amount together with
interest @ 18% PM which is due and payable by Defendants to the
Plaintiffs. I am producing the copy of notice dated 11.03.2020,
the same is signed by the Plaintiffs signatory, Mr. _____________,
the same be taken on record and to be marked as Exhibit. I am
producing the copy of receipt of acknowledgement dated
11.03.2020, the same is signed by the Plaintiffs signatory, Mr.
 _____________, the same be taken on record and to be marked as
Exhibit.
10.I say that the said notice dated 11.03.2020 was received to
Defendants on 12.03.2020. Inspite of that the same has not been
replied nor even complied on the part of Defendants. I say that
accordingly, the aforesaid four invoices are remain unpaid till date
and the Defendants are liable to pay the same together with interest
@ 18% PA to the Plaintiffs. I am producing the particulars of
claim of the Plaintiffs which reflect the amounts due and payable
by the Defendants to the Plaintiffs, the same be taken on record
and to be marked as Exhibit.
11. I say that in the aforesaid circumstances, this Honourable Court be
pleased to pass decree for sum of Rs. 11,74,713/- being principal
amount and Rs. 5,12,987/- being 18% interest both aggregating to
Rs. 16,87,700/- against Defendant and further interest @ 18% PA
on principal amount of Rs. 11,74,713/- from the date of filling of
the suit till its realization as per particulars of claim.
12. In view of the aforesaid circumstances, I say that the Plaintiffs` suit
be decreed.

Solemnly affirmed at Mumbai

Dated this day of January 2022

Advocate for Plaintiffs Authorised signatory of Plaintiffs

VERIFICATION
 I, MR. MASTAN SINGH, Additional General Manager,
Commander Mr. Mastan Singh having its registered office at GF-6-9,
Amaan Towers, Suvas Colony, Fatehganj Main Road, Baroda, Gujarat
– 390 002 authorized signatory of the Plaintiffs above named, do
hereby state on solemn affirmation that what is stated in the foregoing
paragraphs Nos. ___ to _____ of this affidavit of evidence in lieu of
examination in chief is true to the best of my knowledge and belief
and what is stated in the remaining paragraphs Nos. ___ to ____ are
legal submissions, which are based on advise and I believe the same
to be true.

Solemnly affirmed at Mumbai

Dated this day of January 2022

Interpreted by me

Advocate for Plaintiffs Authorised signatory of Plaintiffs

Before me

IN THE BOMBAY CITY CIVIL

COURT AT BOMBAY
IN ITS COMMERCIAL DIVISION
COMMERCIAL SUIT NO. OF 2020
CHECKMATE SERVICE PRIVATE
LIMITED … Plaintiffs
Versus
LAVASA HOTEL LIMITED …
Defendants

AFFIDAVIT OF EVIDENCE OF
PLAINTIFFS ABOVE NAMED IN
LIEU OF EXAMINATION IN
CHIEF
Bombay dated this day of
JANUARY 2022

BIPIN JOSHI
Advocate for Plaintiffs
1 & 2, Riddhi Siddhi Apartments,
Tilak Road, Ghatkopar (East),
Mumbai – 400 077.
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