IN THE COURT OF MS.

SHAINA GOYAL, CIVIL JUDGE, ROHINI

NORTH WEST DISTRICT, DELHI

CIVIL SUIT NO.1181/2022

IN THE MATTER OF:

Aimlay Pvt. Ltd. ……….Plaintiff

Versus

Sanjay Jha ……. Defendants

EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF COMPLAINANT

I, Anshul Sharma s/o Rishi Prakash aged about 26 years, Authorised Signatory for

Aimlay Pvt. Ltd., having its registered office at 125, Baaz Mall, Pocket-III, Sector-

24, Rohini, New Delhi-110085, do hereby solemnly certify that and declares as

under:

1. That the Plaintiff is an incorporation registered as per the Companies Act,

2013 having previous name as World Star Consultants and having its

registered office at Baaz Mall, 125, Vikas Marg, Pocket 5, Sector-24,

Rohini, New Delhi-110085, India and is a law-abiding company.

2. That Plaintiff is engaged in the business of educational and writing services

to its clients and customers and is a quite respectable name in its field not

only among the customers but also among its contemporaries.

3. That the present suit is being filed by the plaintiff through its authorized

representative Sh. Anshul Sharma designation of Ex-legal officer and thus

being in knowledge of the entire fact of the case he is fully competent to

institute the present suit and also sign, give evidence etc., on behalf of the

plaintiff company before not only this Honorable court but also before

different forums to prosecute the case of the Plaintiff against the defendant

seeking recovery of Rs. 1,20,000/-. (Rupees One Lacs and Twenty Thousand

Only).

4. That the defendant had been an employee of Plaintiff and is presently

residing at the address mentioned in the memorandum of the parties and

presently working for gain from that place only EX-PW1.

5. That the defendant was having mala fide intent from the very inception of

his employment and has never devoted to working assisted to him.

6. That the plaintiff had provided a phone and business number i.e.,

9873582345 to the defendant for performing the business affairs of the

organization but it is pertinent to mention here the defendant had used the

company's phone to get wrongful gain to himself.

7. That on 02.05.2022 a customer namely Mr. Ravi Sharma approached the

defendant to avail the service of the Plaintiff organisation but the defendant

by twisting arm tactics deliberately forced the customer to deposit the

amount with the bank account attached with the phone number of the

plaintiff which is provided to the defendant is directly connected with the

defendants account and converted the money of Plaintiff to himself.

8. That the said customer has paid to the defendant the amount of Rs. 20,000/-

(Twenty Thousand Only) on 02nd May 2022 through UPI in Phone Pay

App: That it is also notable here that the amount is directly transferred by the

customer to the defendant as considering the defendant in care of (C/o)

plaintiff namely Gupta ji, Director of AIMLAY PVT. LTD. Thereafter, the

defendant had never informed Plaintiff that on the instructions of defendant

the customer has deposited the money in his bank account viz. UPI through

PhonePay App, having Transaction ID T220521406384134702161 is

annexed to as EX-PW2.

9. That it is also notable here that the defendant had linked the bank account to

the business number of the organisation which had been given to defendant

to plaintiff for the business purpose of the organisation without intimating

the same to the plaintiff. That it clearly shows the mala fide intentions of the

defendant to deceive the plaintiff from the very inception.

10.That to the utter shock and dismay of Plaintiff, when the customer has

approached Plaintiff on 05.06.2022 and described the full scenario to

Plaintiff and demanded to provide the work as soon as possible as he already

deposited the amount to defendant. That at the time of discussion with

customer, the defendant has been already resigned the organisation due to

his disciplinary, intentional delays of work issues. That the defendant

intentionally deceived and fraudulently induced Plaintiffs customer to

deliver the money to his bank account instead of company's account by

linking to his bank account with company's mobile number.

11.That since the beginning, the defendant had mala fide intention to cheat and

defraud the Plaintiff and usurp the legally owned money of him which is

evident for nefarious acts by the plaintiff and finally the defendant never

deposited the amount to plaintiff and when Plaintiff approached defendant,

he said that ‘’I WILL NOT PAY THE AMOUNT.’’ That it is worth

mentioning here due to these acts my client has suffered from wrongful

losses acts client has suffered from wrongful losses and also negatively

affected the business as well as business of Plaintiff.

12.That it would be very apt to submit herein that after this incident the Plaintiff

found it difficult to pacify the customer who had given the sum of

Rs.20,000/- to the defendant in the name of the Plaintiff and demanded his
 Work to be done and as this cheating committed by defendant was adversely

affecting the image of the Plaintiff company which it has earned by its hard

work and customer satisfaction, the Plaintiff had to do the customers work in

order to save its face and from getting negative image in the minds of the

customer due to this unprofessional and criminal act committed by the

defendant.

13.That as the prestige of the plaintiff company, its prestige and the image is

quite high among the contemporaries and the customer the damage done to

its image cannot be calculated and assessed in rupees however the plaintiff is

just assessing it to a token amount Rs. 1 lakh as the compensation for the

damage of prestige brought about by the defendant and hence claiming a

total amount of Rs. 1,20,000/-. (Rupees One Lacs and Twenty Thousand

Only).

14.That the Plaintiff approached several times to the defendant to return the

Rs.20,000/- Rupees twenty thousand Only) so received from customer of the

Plaintiff but the defendant has not paid even a single penny till date. That

having lost hopes of receiving any payments, the Plaintiff got a legal notice

dated 30.06.2022 sent on 02.07.2022 through its counsel through speed post

served upon the Defendant. The envelops sent to the defendants have

returned however the same would be deemed to have been served as this is
 the last known address of the defendant and this address was submitted by

the defendant himself when he was employed with the Plaintiff. That the

legal notice sent to the Defendant was served on 04.07.22 as the tracking

report say that unclaimed. That the copy of the legal notice, returned

envelope the original postal receipt and, That the original POD as retrieved

from the postal site is Annexed to as “______________”.

15.That the cause of action for the filing of the present recovery arose on

various dates like 02.05.2022 when the customer approached the defendant

for getting hid worked done. The cause of action again arose on 02.05.2022

when the payment was made by the customer of the plaintiff in the account

of the defendant. That it finally arose on 04.07.2022 when the notices sent to

the defendant were served upon the defendant. The cause of action is still

continuing to file the present suit as the defendant has not paid even after

receipt of the legal notice. Hence, the suit is well within the period of

limitation.

16. That the Defendants resident address is U 564, Mangolpuri, N-block, North

West Delhi, Delhi-110083, where the defendant is currently residing which

falls within the jurisdiction of the Hon’ble Court hence this Hon’ble Court

has got the territorial jurisdiction to adjudication the present case.

 17.That the value of the suit for the purpose of jurisdiction is valued at Rs.

1,20,000/-. (Rupees One Lacs and Twenty Thousand Only) and for the

purpose of court fees are also valued at Rs. 1,20,000/-. (Rupees One Lacs

and Twenty Thousand Only) on which ad valorem court fees of Rs. 3,516 /-.

has been paid thereon.

PRAYER.

In the facts and circumstances of the case it is prayed that this Hon’ble Court may

be pleased:

a) To pass a decree in favour of the Plaintiff and against the defendant thereby

directing the defendants to pay a sum of Rs. 1,20,000/-. (Rupees One Lacs

and Twenty Thousand Only).

i) To award the costs of this proceeding

ii) To pass any other relief as this Hon’ble Court may deem fit and

proper in the facts and circumstances of the present case.

New Delhi Plaintiff

Dated

Through

ADV.GAGAN KUMAR

Verified at Delhi on 3rd June, 2023 that the contents of the para no.1 to 14 of the

suit are true and correct to the best of my knowledge and belief and from 15 to 17

are based on legal advice which I believe to be true.

Plaintiff
 IN THE COURT OF MS. SHAINA GOYAL, CIVIL JUDGE, ROHINI
NORTH WEST DISTRICT, DELHI

CIVIL SUIT NO.1181/2022

IN THE MATTER OF:

Aimlay Pvt. Ltd. ……….Plaintiff

Versus

Sanjay Jha ……. Defendants

AFFIDAVIT

I, Anshul Sharma s/o Rishi Prakash aged about 26 years, Authorised Signatory for

Aimlay Pvt. Ltd., having its registered office at 125, Baaz Mall, Pocket-III, Sector-

24, Rohini, New Delhi-110085, do hereby solemnly certify that and declares as

under:
1. That the deponent being the AR of the Plaintiff is possessed of all the facts

of the present suit and therefore he is Competent to swear the present

Affidavit.

2. That the accompanying suit for recovery has been drafted by my counsels

under my instructions and the same is correct to the best of my knowledge

and the contents of the suit may be read as part and parcel of this affidavit

and the same is not repeated herein for the sake of brevity.

Deponent

Verification:

Verified at New Delhi on __________ this day of JUNE, 2023.

I Anshul Sharma, the abovenamed deponent does hereby verify and reaffirm

that the contents of my affidavit are true and correct to my knowledge and

belief and nothing material has been concealed there from and no part of the

said affidavit is false.

Deponent