IN THE HON’BLE COURT OF LEARNED DISTRICT JUDGE

(COMMERCIAL COURT), SAKET-SOUTH-EAST, SAKET

DISTRICT COURT, NEW DELHI

CS (Comm.) NO. ________/2022

(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:

VATIKA HOTELS PRIVATE LIMITED ...PLAINTIFF

VERSUS

SAMPOORNAM MANAGEMENT SERVICES

PRIVATE LIMITED & ORS. …DEFENDANT

INDEX

S.NO. PARTICULARS C.FEES PAGES

1. Mediation Report
2. Consolidated Court Fees
3. Memo of parties
4. Commercial Suit for Recovery of Unpaid
Invoice Amounting to Rs. 13,36,028/-
(Rupees Thirteen Lakhs Thirty-Six
Thousand and Twenty Eight Only) along
with Pendente lite and future interest along
with affidavit in support thereof
5. Statement of Truth on behalf of Sh.
Krishan Sharma, Authorized Representative
of Vatika Interior Solutions (A Unit of
Vatika Hotels Private Limited)
6. Declaration by way of affidavit in
Compliance with Order XI Rule 6(3) of
CPC
7. List Of Documents with Documents
8. Address Form

9. Vakalatnama

PLACE:
DATED:
PLAINTIFF
Through its Authorized
Representative

Through Counsel,

COUNSEL FOR PLAINTIFF

.
IN THE HON’BLE COURT OF LEARNED DISTRICT JUDGE
(COMMERCIAL COURT), SAKET-SOUTH-EAST, SAKET
DISTRICT COURT, NEW DELHI

CS (Comm.) NO. ________/20232

(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:

VATIKA HOTELS PRIVATE LIMITED ...PLAINTIFF

VERSUS

SAMPOORNAM MANAGEMENT SERVICES

PRIVATE LIMITED & ORS. …DEFENDANT

MEMO OF PARTIES

M/S VATIKA HOTELS PRIVATE LIMITED

THROUGH ITS AUTHORIZED REPRESENTATIVE,
SH. _______________KRISHAN KUMAR SHARMA

REGISTERED OFFICE AT:

NO. 621 A, DEVIKA TOWERS, 6TH FLOOR,
6 NEHRU PLACE NEW DELHI – 110 019

CORPORATE OFFICE AT:

FIRST FLOOR, A-BLOCK, TOWNSQUARE,
VATIKA INDIA NEXT SECTOR 82A,
NH 8, GURGAON, HARYANA- 122004
EMAIL: krishansharma@vatikagroup.com

…PLAINTIFF

VERSUS

1. SAMPOORNAM MANAGEMENT SERVICES PVT. LTD.,

(THROUGH ITS DIRECTOR(S) / AUTORISED SIGN.)
8TH FLOOR, EROS CORPORATE TOWER,
NEHRU PLACE, NEW DELHI- 110 019

2. MR. AVNEESH SOOD,

 (DIRECTOR(S) / AUTORISED SIGN.)
8TH FLOOR, EROS CORPORATE TOWER,
NEHRU PLACE, NEW DELHI- 110 019

3. MR. SAGAR OJHA

(DIRECTOR(S) / AUTORISED SIGN.)
8TH FLOOR, EROS CORPORATE TOWER,
NEHRU PLACE, NEW DELHI- 110 019

4. MR. RAMAN KUMAR SOOD

(DIRECTOR(S) / AUTORISED SIGN.)
8TH FLOOR, EROS CORPORATE TOWER,
NEHRU PLACE, NEW DELHI- 110 019

5. MR. KAPIL SAHNI

(DIRECTOR(S) / AUTORISED SIGN.)
8TH FLOOR, EROS CORPORATE TOWER,
NEHRU PLACE, NEW DELHI- 110 019
...DEFENDANT

PLACE:
DATED
PLAINTIFF
Through its Authorized
Representative

Through Counsel,

COUNSEL FOR PLAINTIFF

IN THE HON’BLE COURT OF LEARNED DISTRICT JUDGE
(COMMERCIAL COURT), SAKET-SOUTH-EAST, SAKET
DISTRICT COURT, NEW DELHI

CS (Comm.) NO. ________/20232

(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:

VATIKA HOTELS PRIVATE LIMITED ...PLAINTIFF

VERSUS

SAMPOORNAM MANAGEMENT SERVICES

PRIVATE LIMITED & ORS. …DEFENDANT

‘COMMERCIAL DISPUTE’ AS DEFINED IN SECTION 2(1) (C)

OF THE COMMERCIAL COURTS, COMMERCIAL DIVISION

AND COMMERCIAL APPELLATE DIVISION OF HIGH

COURTS ORDINANCE, 2015 I.E. SUIT FOR RECOVERY OF

UNPAID INVOICE AMOUNTING TO RS. 13,36,028/- (RUPEES

THIRTEEN LAKHS THIRTY-SIX THOUSAND AND TWENTY-

EIGHT ONLY) ALONG WITH PENDENTE LITE AND

FUTURE INTEREST

MOST RESPECTFULLY SHOWETH:

1. The Plaintiff i.e. M/s Vatika Hotels Private Limited is a body

corporate and having its Registered Office at Flat No. 621 A,

 Devika Towers, 6th Floor, 6 Nehru Place New Delhi – 110 019

and Corporate Office at 5th Floor, Tower-A, Vatika City Centre,

Sector-83, Gurugram. The Plaintiff Company is engaged in the

business of providing hospitality services in and around

Delhi/NCR.

2. The Plaintiff has Authorized Mr. Krishan Kumar Sharma, vide

Board of Resolution Dated __________, 02.01.2023, to

represent the Plaintiff in the present matter and to sign, verify

and institute this plaint / suit on behalf of the Plaintiff. The

Authorised officer is fully conversant with the facts and

circumstances of this case. The copy of the Board of Resolution

Dated 02.01.2023__________ is filed herewith as Annexure P-

1.

3. That, the Defendant No. 1 is a Company which is incorporated

under The Companies Act, 2013 (amended as on date), and

Defendant No. 2, 3, 4 & 5 are Directors and in-charge and in

control of day to day affairs of Defendant No. 1. The Defendants

are having its office at the address mentioned in memo of the

parties. The Company Master Data of Defendant No. 1

company is filed herewith as Annexure P-2.

4. It is pertinent to bring on record the true and correct facts

pertaining to the present case, which are:

a. That in 2016, the Defendant No. 1 through its Directors,

approached the Plaintiff and requested him to provide

manpower for technical and housekeeping services

(“Services”) at Eros Sampoornam, Plot No. GH-01,

Sector-2, Greater Noida- West, Uttar Pradesh. The

Plaintiff on request provided a brief detail for introducing

the Plaintiff Company vide letter dated 23.08.20167.

Thereafter, Defendants approved the deployment of

manpower resources at respective site. The copy of

corresponding letters are annexed herein as Annexure P-

3(Colly).

b. Further, basis the mentioned discussions and

correspondence that took place between the parties, an

Integrated Facility Service Management Agreement dated

01.04.2017 (herein after referred as “Agreement”) was

executed between Plaintiff Company and Defendant

Company, for a period of twelve (12) months for

providing the facility management services at the site.

deployment of personal at required site.

c. As per the Annexures-1 and 2 of the said Agreement, it

was agreed that Defendants would, in exchange of

utilizing the Services of deployed personnalpersonal as

provided by Plaintiff, would pay a Monthly Charges of Rs.

8,38,142/-(Rupees Eight Lacs Thirty Eight Thousand One

Hundred and Forty Two Only) within 30 days from

receipts of the invoice from Plaintiff. The copy of

Integrated Facility Service Management Agreement dated

01.04.2017 is annexed herein as Annexure P-4(Colly).

d. As per the terms of the said Agreement, the Defendants

had assured on the following payments terms as

mentioned under Clause 3.1, which is reproduced herein

under:

“the user shall within 30 days of receipt of the

invoice, release the payment to the service Provider

for the services provided, in the previous month. Even

in cases where any additional documentation may be

required (less PF & ESI) for proof of billed amount,

the user is required to make the invoice payments

within the stipulated time of 30 days.”

e. Further, as agreed between the parties, the agreed amount

as mentioned in Annexure 1 of the said agreement was not

definite and was subject to change basis the change in

minimum wages from time to time, change in scope of

work and in accordance of additional requirement of

service if required any stage by the Defendants.

f. However, in month of January 2018, unfortunately, due

to some ill intention of some of the resident in the said

premises, the FIR was lodged against the employee of the

Plaintiff who was deployed at the Defendant site and also

against the General Manager and Director of the

Defendants Company. by one of the Resident of the said

premises.

g. The Defendant, after the mentioned FIR, had withheld

some of the invoices against the term of the said agreement

and despite several reminders and discussions, the

Defendant failed to adhere the term of the said agreement.

h. The Plaintiff, eventually after several discussion, in terms

of the Indemnity Clause, had indemnified the Defendant

and had entered into an Indemnity Agreement and basis

the acknowledgment of the Defendants, the Plaintiff had

issued a Credit Note amounting to Rs. 80,000/- (Rupees

Eighty Thousand Only) vide Invoice No 3 dated

27.03.2018, in favour of Defendants, towards the total cost

of end to end litigation and other expenses. The Indemnity

Clause as mentioned in the Integrated Facility agreement

is reproduced herewith as “ Service Provider hereby

indemnifies and holds Service Recipient harmless from all

loss and liability on account of any claims, actions, fines,

penalties, losses, liabilities, damages, suits, or judgments

(including without limitation the cost of defending or

settling any action, claim or demand) which service

Recipient may suffer or incur or which may be made

against it arising from:

a)any act or omission by Service Provider, its staff

or agents, including their employees;

b)any injury to any employee, or workman of the

Service Provider while providing the services;

c)any claims, damages, or expenses payable to any

employee, workman, nominee, staff, contractor, or

their, agents or employees with regard to disputes

pertaining to salary, benefits, and / or dues, that

 may become payable to them by Service provider;

and

d)any breach of any representations made to

Service Recipient, whether in writing or not.

The copy of Indemnity Agreement and a Credit Note are

annexed herein as Annexure P-5(Colly).

i. That Plaintiff thereafter, had continued to provide the

services in terms of the agreement and on the other hand

was also diligently taking care of the on-going

investigations and proceedings in the said case.

j. As per the terms of the Agreement, Plaintiff accordingly

had also raised several invoices during the month of March

2018, dated 09.03.2018 and 31.03.2018 towards the

services provided for the month of February 2018 and

March 2018. The copy of invoices dated 09.03.2018 and

31.03.2018 are annexed herein as Annexure P-6(Colly).

SR.NO. PARTICULARS MONTHLY

CHARGES (INR)
1. Invoice No.
EN/U/IT/18/110 for 715601
 service provided in
Month of February, 2018
2. Invoice No.
EN/U/IT/18/137 for
service provided in
Month of February, 2018 700425.58
TOTAL PAYABLE Rs. 14,16,026.58/-

k. However, the Defendants miserably failed to adhere the

terms of the said Agreement by withholding the amount

towards the Invoices raised by the Plaintiff in accordance

of the terms of the agreement, the said invoices as raised

were inclusive of monthly wages of the security guards.

l. Thereafter, when, the Defendants failed to pay the

outstanding invoices raised in month of March 2018,

several meetings were held at the Defendants head office,

the Plaintiff had served demand notice dated 14.06.2018

upon Defendants. Contemporaneously, on several

occasions, the Pplaintiff has reminded the Ddefendants

through telephonic calls, follow-up emails, inter alia,

dated 02.05.2018, 23.05.2018, 24.05.2018 and

14.06.2018, and also through various other modes to pay

the outstanding amount, but for the reasons best known to

 Defendants with regard to non-payment of the said

invoices, the Defendants had even not deemed fit to

respond to the said emails. The copy of emails dated

02.05.2018, 23.05.2018, 24.05.2018 and 14.06.2018 are

annexed herein as Annexure P-7(Colly).

m. The Defendants shared reply dated 20.10.2020 to the legal

Notices 14.09.2020 issued for payment of outstanding

Invoice amount, the Defendants in the said reply has

clearly stated that the “subject to further adjustments of

any expenses incurred towards the litigation or any other

account in this regard, in any case anything remains due

subject to deduction, if any, the same will be paid to your

client”. This statement of the Defendants clearly reflects

that the Defendants admits the liability towards the

payment of the said invoices. The copy of the reply dated

20.10.2020 is annexed herein as Annexure P-8(Colly).

n. Thereafter, the Plaintiff had vide email dated 14.06.2022,

had further, intimated the Defendants the fact of the

closure of the said FIR vide order dated 19.05.2022 and

had duly shared the certified copy of the said order over

the said email. However, despite of in receipt of the said

 order for closure of the said FIR, the Defendants miserably

failed to pay the outstanding amount after deduction of the

indemnity cost towards the litigation, till date. The copy of

order dated 19.05.2022 is annexed herein as Annexure P-

9(Colly).

o. That Ddefendants agreed to non-negotiable requirements

of Pplaintiff with respect to timely payments of raised

invoices. As a result of said assurance, made by the

Ddefendants, the Pplaintiff provided the manpower as per

the scope of work agreed by the Ddefendants although, the

Defendants, failed to make the payment of security guard

till date.

5. Henceforth, after discharging the contractual obligations, the

Plaintiff whenever asked the Ddefendants for the outstanding

payment against the services provided by the Pplaintiff, the

Defendants on every occasion deliberately ignored the

payment, even after availing the services of the Plaintiff,

reflects the Defendant’s ill intention to cause wrongful loss to

the Pplaintiff and wrongful gain to the Ddefendants. It is further

submitted that Ddefendant’s conduct per se establishes his

dishonest intention to deprive Pplaintiff of his legitimate and

 reasonable outstanding payment against the services which

were duly provide by the Plaintiff to the Defendants.

6. It is important to note that the Pplaintiff had also issued a

demand notice, dated 14.09.2020 to the Ddefendants with a

request for payment of the said outstanding amount of Rs.

13,36,028/- (Rupees Thirteen Lakh Thirty Six Thousand

Twenty Eight Only) along with 18% interest per annum after

deduction of the indemnity cost towards the litigation which

was solely borne by Plaintiff, from the date of the invoice till

realisation. The copy of legal notice dated 14.09.2020 is

annexed is annexed herewith as Annexure P-10.

7. The Defendants sent replied to the said notice vide Reply to

Legal Notice Dated 20.10.2020 with admitted liability towards

the said services availed by the Plaintiff Company. However,

despite of the said reply, the Defendants miserably failed to

comply with the said demand notice and had not made any

payment towards the outstanding amount.

8.7. It is manifest that Defendants are purposefully and without any

explanation wriggling out of their obligation to clear the lawful

dues of our client arising under the Agreement.

9.8. That the Plaintiff states and submits that by retaining the sum

of Rs. 13,36,028/- (Rupees Thirteen Lakh Thirty Six Thousand

Twenty Eight Only) of the plaintiff since 27.03.2018, the

Defendant, having derived and enjoyed benefits thereof, have

unjustly enriched himself and as such liable to pay interest on

the aforesaid amount @ 18% p.a.

10.9. That accordingly the Ddefendants, is liable to pay the following

amount/sum to the Plaintiff:

i. Amount of Rs. 13,36,028/- (Rupees Thirteen Lakh Thirty

Six Thousand Twenty Eight Only) due since 27.03.2018

to till date.

ii. Interest@ 18% per annum for a period starting from

27.03.2018 till date.

11.10. That as aforesaid, the Plaintiff is entitled and the Defendants is

liable to make the payment of Rs. 13,36,028/- (Rupees Thirteen

Lakh Thirty Six Thousand Twenty Eight Only) along with the

future and pendentelite interest @ 18% P.A.

12.11. That the cause of action for the present suit arose in favour of

the Plaintiff and against the Defendants, firstly in year 2016

when Ddefendants through its director approached the Plaintiff

for seeking the service of deployment of manpower in the said

premises. It further arose when Defendants executed the

Integrated Facility Service Management Agreement dated

01.04.2017. It further arose in March 2018, when the

Ddefendants failed to make the payment to the Pplaintiff

towards the Invoices raised in month of March for the services

provided in the month of February 2018 and even arose as and

when the Defendants failed to make payment against the

invoices as raised by the Plaintiff even after various demands

made by Plaintiff to the Defendants on many occasions. It

further arose when Plaintiff issued a demand notice dated

14.09.2020 to the defendant for recovery of outstanding dues.

It further arose on 20.10.2020 when the Defendants issued the

reply to the said legal demand notice and admitted the liability.

The cause of action is still continuing and subsisting one as the

Defendants failed to make the payment of the aforesaid

legitimate amount of Plaintiff, as aforesaid, till date.

13. That the cause of action has arisen at Delhi, as per the

jurisdiction terms of the said Agreement duly agreed upon

 between the parties and also as per the addresses of the

Defendants mentioned in the Memo of Parties, which is within

the jurisdiction of this Hon’ble Court, and as the present case is

of Commercial nature all such commercial disputes which

arose at New Delhi are under the jurisdiction of this Hon'ble

Court, in view of the same, the present Hon’ble Court has the

jurisdiction to adjudicate the present suit.

12.

14. That the suit has been filed under Order XXXVII of the Civil

Procedure Code and no relief which does not fall within the

ambit of Civil Procedure Code has been claimed in the suit.

13.

15.14. That the subject matter of the suit is a ‘Commercial dispute’ as

defined in Section 2(1) (c) of the Commercial Courts,

Commercial Division and Commercial Appellate Division of

High Courts Ordinance, 2015.

16.15. That the value of the suit for the purpose of court fee and

jurisdiction for the recovery is Rs. 13,36,028/- (Rupees

Thirteen Lakh Thirty Six Thousand Twenty Eight Only) upon

which an advalorem court fee of Rs. ______________ has been

 affixed on this plaint. The Plaintiff further undertake to pay the

deficit court-fees, if any, as and when the Hon’ble Court

directs.

PRAYER

It is therefore most respectfully prayed that this Hon’ble Court

may graciously be pleased to:

a) Pass a decree of recovery for a sum of Rs. 13,36,028/-

(Rupees Thirteen Lakh Thirty Six Thousand Twenty

Eight Only) in favour of the Plaintiff and against the

Defendants; and

b) Award interest pendentlite and future interest @ 18%

p.a. in favour of the Plaintiff and against the

Defendants; and

c) Direct the Ddefendants to pay the legal costs of the

present suit in favour of the Plaintiff; and

d) Pass any other or further relief which this Hon'ble court

deems fit and proper in facts and circumstances of the

case and in the interests of justice.

PLACE:
DATED
PLAINTIFF
Through its Authorized
Representative
Through Counsel,

COUNSEL FOR PLAINTIFF

VERIFICATION:

Verified on solemn affirmation at Delhi on this ___ day of

___________, 20232 that the contents of paragraphs 1 to 12 of the

above plaint are true and correct to my knowledge and belief and those

of paragraphs 13 to 16 are true to the information received and believed

to be correct and last paragraph is prayer to this Hon'ble Court.

PLAINTIFF

IN THE HON’BLE COURT OF LEARNED DISTRICT JUDGE

(COMMERCIAL COURT), SAKET-SOUTH-EAST, SAKET
DISTRICT COURT, NEW DELHI

CS (Comm.) NO. ________/20232

(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:

VATIKA HOTELS PRIVATE LIMITED ...PLAINTIFF

VERSUS

SAMPOORNAM MANAGEMENT SERVICES

PRIVATE LIMITED & ORS. …DEFENDANT
AFFIDAVIT

I, Sh. Krishan Kumar Sharma____________, S/o Shri Lakhan Lal

Sharma___________, aged about _______ 33 years, Authorized

representative of M/s Vatika Hotels Private Limited, having its

Registered Office at Flat No. 621 A, Devika Towers, 6th Floor, 6 Nehru

Place New Delhi – 110 019 and Corporate Office at 5th First Floor,

Tower-A-Block, Vatika City CentreTownsquare, Vatika India Next

Sector 832A, NH 8, Gurgaon, Haryana- 12201204, do hereby solemnly

affirm and declare as under:

1. That the deponent is Authorized Representative of M/s Vatika

Hotels Private Limited and plaintiff in the present case

otherwise also well conversant with the facts and

circumstances of the case and as such, competent to swear this

affidavit.

2. That the accompanying plaint has been drafted by my counsel

under my instructions, the contents of the same are read over

 to me in vernacular and are true and correct and the same may

kindly be read as part and parcel of this present affidavit and

the same are not being repeated herein for the sake of brevity.

DEPONENT

VERIFICATION:

Verified on solemn affirmation at Delhi on this ___ day of

_______, 20232 that the contents of his above affidavit are true and

correct to his knowledge and nothing material has been concealed there

from.

DEPONENT

IN THE HON’BLE COURT OF LEARNED DISTRICT JUDGE

(COMMERCIAL COURT), SAKET-SOUTH-EAST, SAKET
DISTRICT COURT, NEW DELHI

CS (Comm.) NO. ________/20232

(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:

VATIKA HOTELS PRIVATE LIMITED ...PLAINTIFF

VERSUS
SAMPOORNAM MANAGEMENT SERVICES
PRIVATE LIMITED & ORS. …DEFENDANT

STATEMENT OF TRUTH

STATEMENT OF TRUTH OF SH. Krishan Kumar

Sharma_____________, S/O_SH. LAKHAN LAL
SHARMA__________, AGED ABOUT 33________ YEARS,
AUTHORIZED REPRESENTATIVE OF M/S VATIKA HOTELS
PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT
FLAT NO. 621 A, DEVIKA TOWERS, 6TH FLOOR, 6 NEHRU
PLACE NEW DELHI – 110 019 AND CORPORATE OFFICE AT
FIRST FIFTH FLOOR, TOWER-A-BLOCK, VATIKA CITY
CENTRETOWNSQUARE, SECTOR-83, GURUGRAM,VATIKA
INDIA NEXT SECTOR 82A, NH 8, GURGAON, HARYANA-
12201204

I, Krishan Kumar Sharma____________, the above named Deponent

do hereby solemnly affirm and state as under:

1. That the deponent is Authorized Representative of M/s Vatika

Hotels Private Limited and plaintiff in the present case,

otherwise also well conversant with the facts and circumstances

of the case and as such, competent to swear this affidavit.

2. I say that the statement made in Paragraph Nos. 1 to 12 are true

to my knowledge and based on the records maintained and on

the basis of the information received by me and statement made

 in paragraphs 13 to 16 are based on legal advice received. Last

para is prayer made to the Hon’ble Court.

3. I say that there is no false statement or concealment of any

material fact document or record and I have included

information which according to me are relevant for the present

Suit.

4. I say that all documents in the power, possession, control or

custody pertaining to the fact and circumstances of the

proceedings initiated by me and have been disclosed and copies

thereof annexed with the Suit, and that the Plaintiff does not

have any other documents in its power, possession, control or

custody.

5. I say that the above mentioned pleadings comprises of a total of

number of ____ Pages.

6. I state that the annexures thereto are true copies of the

documents referred to and relief upon me.

7. I say that I am aware that for any false statement or concealment

I shall be liable for action taken against me under the law.

 8. I say that no part of this affidavit is false and no materials facts

have been concealed there from.

DEPONENT

VERIFICATION:

I, Sh. Krishan Kumar Sharma__________,do hereby verify that the

contents of the present Affidavit have been read over by me and I have

understood the same. Further, that the contents of my above Affidavit

are true and correct to the best of my knowledge and belief, and no part

of it is false and no material facts have been concealed there from.

Verified at Delhi on this ___ day of _________, 20232.

DEPONENT
IN THE HON’BLE COURT OF LEARNED DISTRICT JUDGE
(COMMERCIAL COURT), SAKET-SOUTH-EAST, SAKET
DISTRICT COURT, NEW DELHI

CS (Comm.) NO. ________/20232

(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:

VATIKA HOTELS PRIVATE LIMITED ...PLAINTIFF

VERSUS

SAMPOORNAM MANAGEMENT SERVICES

PRIVATE LIMITED & ORS. …DEFENDANT

DECLARATION BY WAY OF AFFIDAVIT IN COMPLIANCE

WITH ORDER XI RULE 6(3) OF CPC

STATEMENT OF SH. KRISHAN KUMAR

SHARMA_____________, S/O_SH. LAKHAN LAL
SHARMA__________, AGED ABOUT_____33___ YEARS,
AUTHORIZED REPRESENTATIVE OF M/S VATIKA HOTELS
PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT
FLAT NO. 621 A, DEVIKA TOWERS, 6TH FLOOR, 6 NEHRU
PLACE NEW DELHI – 110 019 AND CORPORATE OFFICE AT
FIFTH FLOOR, TOWER-A, VATIKA CITY CENTRE,
SECTOR-83, GURUGRAM, HARYANA- 122012
FIRST FLOOR, A-BLOCK, TOWNSQUARE, VATIKA INDIA
NEXT SECTOR 82A, NH 8, GURGAON, HARYANA- 122004

I, Krishan Kumar Sharma__________________, the above named

Deponent do hereby solemnly affirm and state as under:

1. That the deponent is ____________ Authorised Representative

of M/s Vatika Hotels Private Limited and plaintiff in the present

case, otherwise also well conversant with the facts and

circumstances of the case and as such, competent to swear this

affidavit.

2. I am sufficiently conversant with the facts of the case and have

also examined all relevant documents and records in relation

thereto.

3. I say that the Plaintiff has relied on certain electronic record in

support of its claim in the present suit, which electronic record

has been downloaded and printed by me, on behalf of the

Plaintiff and for the specific purpose of filing the present suit:

S.N Details of Document of Source Date of Tim

0. Electronic Record Downlo e

ad &

printout
1. Company Master Data of

Defendant No. 1

company

2. Invoice dated 09.03.2018

and 31.03.2018

3. Credit Note Dated

27.03.2018

4. Emails Dated 02.05.2018,

23.05.2018, 14.06.2018

and 04.07.2022

4. I say that the document as mentioned in the paragraph no. 3

above has been downloaded from the respective official website

(ww.mca.gov.in) by me on date as mentioned on the Computer

Systems. The said documents were also printed by me in

Physical form, through the printer from the same computer.

5. I am advised that the computer system, used for downloading

and printing the document mentioned in Paragraph no. 3, had

been under my control during the period of such download,

storage and printing. The Computer system was also being used

by me for carrying out other official jobs, including accessing,

 storing and downloading the information and material from the

internet and storing/printing the same, during the course of

working and the Computer system and printer had been working

without any error.

6. I am advised that the conditions of Section 65B of Evidence Act

have been complied with and respectfully pray that the present

affidavit may also kindly be treated as certificate under Section

65B Evidence.

7. In particular, I Confirm:

a) That the aforesaid computer system and the printer have

been regularly used to produce Computer outputs like

emails, information from the World Wide Web (Internet)

and store other electronic records and fed information. The

relevant information from the website and electronic

records as mentioned above was downloaded in the

regular course of activity being performed on behalf of the

Plaintiff. I have lawful control over the use of said

Computer systems and the printer.

 b) That the electronic records mentioned above were printed

from the Computer system as a part of the ordinary course

of activities by me at my office.

c) That the Computer systems and printer as used by me has

been operating properly and the electronic records and

their accuracy and contents have not been altered and

tempered with in any manner whatsoever.

d) That the information contained in the Computer outputs is

an exact replica and has been produced from the original

Electronic and therefore, reproduces the information

contained on the Electronic records therein.

8. I say that the submissions as made above are true and correct

to my knowledge and belief and nothing has been concealed

thereform.

DEPONENT
VERIFICATION:

I, Krishan Kumar Sharma_______________________, do

hereby verify that the contents of the present Affidavit have been

read over by me and I have understood the same. Further, that the

contents of my above Affidavit are true and correct to the best of my

knowledge and belief, and no part of it is false and no material facts

have been concealed there from.

Verified at Delhi on this ___ day of _________, 20232.

DEPONENT
 IN THE HON’BLE COURT OF LEARNED DISTRICT JUDGE
(COMMERCIAL COURT), SAKET-SOUTH-EAST, SAKET
DISTRICT COURT, NEW DELHI

CS (Comm.) NO. ________/20232

(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:

VATIKA HOTELS PRIVATE LIMITED ...PLAINTIFF

VERSUS

SAMPOORNAM MANAGEMENT SERVICES

PRIVATE LIMITED & ORS. …DEFENDANT

LIST OF DOCUMENTS FILED AND RELIED BY PLAINTIFF

S.No Particular Docume Original/ Mode of Line of Page

. s nt in Photoco Executio Custody Nos.
Power, py/Print n/Issuanc
Possessi out e of
on, receipt
Control/
Custody
of
1. Board of Plaintiff Photocop Passed by Plaintiff
Resolution y Board Of and
Directors Defenda
nt
2. Company Plaintiff Photocop Plaintiff Plaintiff
Master and y and
Data of
 Defendant Defenda Defenda
No. 1 nt nt
company
3. Copy of Plaintiff Photocop Plaintiff Plaintiff
correspon and y and
ding Defenda Defenda
letters nt nt
4. Copy of Plaintiff Original/ Plaintiff Plaintiff
copy of and Photocop and
Integrated Defenda y Defenda
Facility nt nt
Service
Managem
ent
Agreemen
t dated
01.04.201
7
alongwith
Annexures
and terms
and
condition
5. Copy of Plaintiff Photocop Plaintiff Plaintiff
Indemnity and y and
Agreemen Defenda Defenda
t and a nt nt
Credit
Note
Copy of Plaintiff Photocop Plaintiff Plaintiff
invoices and y &
6.
dated Defenda Defenda
09.03.201 nt nt
8 and
31.03.201
8
 Copy of Plaintiff Photocop Plaintiff Plaintiff
emails and y &
7.
dated Defenda Defenda
02.05.201 nt nt
8,
23.05.201
8,
24.05.201
8 and
14.06.201
8 with
regard to
the
payment
of
outstandin
g amount
7. Copy of Plaintiff Photocop Defendant Plaintiff
the Reply and y &
dated Defenda Defenda
20.10.202 nt nt
0 issued by
Defendant
s
8. Copy of Plaintiff Photocop Plaintiff Plaintiff
order and y and &
dated Defenda Defendant Defenda
19.05.202 nt nt
2
9. Copy of Plaintiff Photocop Plaintiff Plaintiff
legal and y &
notice Defenda Defenda
dated nt nt
14.09.202
0

PLACE:
DATED
PLAINTIFF
Through its Authorized
Representative

Through Counsel,
COUNSEL FOR PLAINTIFF
IN THE HON’BLE COURT OF LEARNED DISTRICT JUDGE
(COMMERCIAL COURT), SAKET-SOUTH-EAST, SAKET
DISTRICT COURT, NEW DELHI

CS (Comm.) NO. ________/20232

(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:

VATIKA HOTELS PRIVATE LIMITED ...PLAINTIFF

VERSUS

SAMPOORNAM MANAGEMENT SERVICES

PRIVATE LIMITED & ORS. …DEFENDANT

AN APPLICATION UNDER SECTION 151 CPC FOR SEEKING

EXEMPTION FROM FILING CERTIFIED / BETTER /
LEGIBLE COPIES OF ANNEXURES ANNEXED TO THE
MAIN PLAINT AND OR FOR SEEKING ANY OTHER ORDER
AND OR DIRECTION DEEMED FIT AND PROPER IN THE
FACTS AND CIRCUMSTANCES OF THE CASE

Most Respectfully Showeth:

1. That the present Application has been preferred by the Plaintiff

under Section 151 CPC for seeking exemption from filing certified
/ better / legible copies of annexures annexed to the Plaint.
Contents of the accompanying plaint may also kindly be read as
part and parcel to the present Application and the contents of the
same are not being repeated herein for the sake of maintaining
brevity.
2. That since the matter is of urgency for the Plaintiff, therefore the
Plaintiff have filed the accompanying Plaint on the basis of
documents which are readily available with it.

3. That irreparable loss and injury will be caused to the Plaintiff

alone if the present Application is not allowed.

4. That the Plaintiff undertake to file certified / better / legible copies

of annexures as and when directed by this Hon’ble Court.

PRAYER

In view of the facts and circumstances mentioned hereinabove, this

Hon’ble Court may be kind enough to:

a. Pass an order allowing exemption from filing certified & typed

copies of the annexures and/or
b. Pass such further order/s as this Hon’ble Court may deem fit &
proper in the circumstances of the case.

PLACE:
DATED
PLAINTIFF
Through its Authorized
Representative

Through Counsel,
COUNSEL FOR PLAINTIFF