BEFORE THE HON’BLE COURT OF (Name), LD.

DISTRICT COURT, NEW DELHI

CS No. ….

IN THE MATTER OF:

M/S SUNDERLAL & PARTNERS

A registered partnership firm under the

Provision of the Indian Partnership Act of 1932

Having its registered office at:

XXXX, Delhi

Represented herein by its Partner Mr. Sunderlal

S/oXXXX ........PLAINTIFF

VERSUS

COMMERCIAL BANK OF SINDH

having its head office at:

XXXXXX

having one of its branches at:

Feelkhana, M.G. Road, Delhi

Represented herein by its Partner Managing Partner ......DEFENDANT

S. NO. PARTICULARS PAGE NO.

1. WRITTEN STATEMENT ON BEHALF OF THE

AFFIDAVIT.

2. LIST OF DOCUMENTS ALONG

3. AFFIDAVIT UNDER SECTION 65-B OF INDIAN

4. VAKALATNAMA
5.

THROUGH

Kushal Tripathi & Associates

Bombay High Court

(On behalf of the Defendant)

(22/01/2023)

(Navi Mumbai)
BEFORE THE HON’BLE COURT OF (Name), LD. DISTRICT COURT, NEW DELHI

CS No. ….

IN THE MATTER OF:

M/S SUNDERLAL & PARTNERS

A registered partnership firm under the

Provision of the Indian Partnership Act of 1932

Having its registered office at:

XXXX, Delhi

Represented herein by its Partner Mr. Sunderlal

S/oXXXX ........PLAINTIFF

VERSUS

COMMERCIAL BANK OF SINDH

having its head office at:

XXXXXX

having one of its branches at:

Feelkhana, M.G. Road, Delhi

Represented herein by its Partner Managing Partner ......DEFENDANT

FILED BY THE PLAINTIFF.

MOST RESPECTFULLY SHOWITH: -

PRELIMINARY SUBMISSIONS: -

1. That the present written statement is being filed by _______ who has been duly
authorized by the proprietor of the Defendant to represent them before this Hon’ble
Court. ______ has been vested with appropriate powers and authority vide Specific
Power of Attorney dated …...to represent the Defendant and to do all such acts
necessary for the proper adjudication of the present case. The Specific Power of
Attorney dated ___ is annexed hereto as Annexure D1.

PRELIMINARY OBJECTIONS: -

2. That at the outset itself, the defendant denies each and every allegation levelled by
the plaintiff against the Defendant in the present suit. The plaintiff has filed the
present suit against the Defendant with mala fide and ulterior motives. The
allegations levelled by the Plaintiff in the present plaint are completely false and
frivolous and the same are merely made with the intention to harass the defendant.

3. That by a bare perusal of the complete plaint, it is amply clear and cogent that the
present suit is simply an afterthought by the Plaintiff to harass the Defendant and to
pressurize and coerce the Defendant to make illegitimate payments to the Plaintiff.

4. That the allegations made by the plaintiff in its plaint are completely false and
vehemently denied. The plaintiff has not approached this Hon’ble Court with clean
hands. The plaintiff has with malafide concealed various material facts and
information from this Hon’ble Court and only presented the facts that are favorable
to their case.

5. That the Plaintiff company has suppressed material facts of the present case before
this Hon’ble Court and also concealed several material facts from this Hon’ble Court
which are utmost necessary for the proper adjudication of the present case. The
 Plaintiff has not approached this Hon’ble Court with clean hands but with mala fide
motives of misleading this Hon’ble Court into passing an erroneous order in favor of
the Plaintiff by presenting false and fabricated facts and Account Statements before
this Hon’ble Court.

6. That no cause of action has accrued in the present case in favor of the plaintiff
herein and thus the present suit is liable to be dismissed as per the Order VIII
Rule 11 of CPC with exemplary costs. The present suit is an abuse of the process of
this Hon’ble Court as such that it is a frivolous litigation filed by the plaintiff to
company to harass the defendant company and extract unlawful gains from the defendant
company.

7. That the present suit filed by the Defendant is not maintainable and is liable to be
dismissed by this Hon’ble Court as this Hon’ble Court lacks appropriate territorial
jurisdiction to entertain the present suit as the disputed property is located at (Place)
and as such, the Courts at (Place) only, shall have the appropriate jurisdiction to
entertain and adjudicate upon the present dispute.

8. It is humbly submitted that it is the case of the plaintiff that the Defendant entered
into a lease contract with the Plaintiff and the defendant has paid the rent always on
time. It is an admitted fact that the lease contract was extended and the rent was paid
duly. However, the Plaintiff has miserably failed to show any part of the cause of
action to have occurred within the territorial jurisdiction of this Hon’ble Court. The
Plaintiff in Para 14 of its Plaint has simply mentioned that the present suit is within
the ambit of the limitation period, this Hon’ble Court shall have the appropriate
territorial jurisdiction to entertain the present matter. However, the Plaintiff has not
cited any provision under the CPC, which states that the territorial jurisdiction shall
be based upon the address of the Plaintiff.

9. It is humbly submitted by the Defendant that the office of the Defendant is situated
at (Place) and the Defendant has been served upon the said address. Even the Lease
Deed annexed by the Plaintiff along with its plaint mentions the address of the
Defendant at (Place). It is an admitted fact by the Plaintiff that the Defendant is
carrying on its business at (Place).

10. Since, the nature of the present suit is that of an eviction of possession of the leased
premises, Order XX Rule 12 of Code of Civil procedure, 1908 shall apply to the
present case. A bare reading of Order XX Rule 12 of Code of Civil Procedure shall
 clearly state that the present suit can only be instituted in a court within the local
limits of whose jurisdiction, either the Defendant resides or carries on business or
where the cause of action arises. The Plaintiff has miserably failed to bring forth
throughout its plaint, any cause of action to have occurred within the territorial
jurisdiction of this Hon’ble Court, except the fact that the office of the Plaintiff is
situated within the territorial jurisdiction of this Hon’ble Court. In light of the same,
the present plaint is liable to be dismissed by this Hon’ble Court for lack of
jurisdiction.

11. That the Defendant is not liable to pay any amount to the Plaintiff Company as
claimed by the Plaintiff in its plaint. Instead, it is the Defendant who is entitled to
receive a sum of Rs. from the Plaintiff on the ground of malicious case, and the
mental harassment caused.
PARA WISE REPLY ON MERITS:-

PARA 1, 2 & 3 – That the defendant hereby agrees with the statements made by the

plaintiff in the paragraphs 1, 2 & 3 of the plaint. The defendant agrees that the plaintiff

and the defendant had entered into a Lease Contract for the disputed property situated at

Delhi. This lease agreement was signed on January 1, 2012 for a time period of five

years with the monthly rent amounting to Rs. 56000/-.

PARA 4 & 5 – The contents of the corresponding para of the plaint are true and admitted

by the defendants.

PARA 6 – The contents of the corresponding para of the plaint are true and admitted

only to the extent that the lease was extended, but that lease was extended on an oral

agreement. And the reason stated by the plaintiff behind the extension of the deed is

completely false, it was mutually decided among the defendant and the plaintiff that the

lease agreement can be extendable but with some rise in rent, to which the defendants

had agreed. The defendant denies the sole reason behind the extension of the deed by the

plaintiff in the plaint that defendant was not able to locate an appropriate property.

PARA 7 to 12 – The contents of the corresponding para of the plaint are false and

vehemently denied by the defendants. The notice to vacate the distributed property

mentioned by the plaintiff in their plaint was never received by the defendants, the

defendants kept continuing obey the deed and pay the appropriate rent to the plaintiff

without any delay. However, the Plaintiff has not approached this Hon’ble Court with

clean hands and is guilty of suppressing and concealing material facts from this Hon’ble

Court.

It is hereby submitted by the Defendant that the Plaintiff has wrongfully terminated the

deed without any notice period given to the defendant or any prior information was also

not given by the plaintiff. There was absolute negligence, lack of responsibility, and lack

of communication shown by the plaintiff in wrongfully terminating the deed.

The emails that are mentioned by the plaintiff in the plaint are completely forged because
there was no email that had been received by the defendants about the termination of the

deed. And as above mentioned, no notice was also given to the defendants to vacate the

property, the defendants continued to pay the appropriate amount of rent to the plaintiff

because defendants interpreted that plaintiff did not want to terminate the deed as there

was no notice or communication made by the plaintiff towards defendant about the

termination of the deed and to vacate the vacate.

The plaintiff needed to terminate the deed legally even if they wanted to not by the

whims and fancies of the plaintiff.

The plaintiff got miserable failed in terminating the deed legally, and also as no notice or

emails were received by the defendants, the defendant interpreted from no

communication made by the plaintiff, that the plaintiff wanted to continue the deed, and

hence the defendant continued to work at the disputed property, and pay the rent for the

same.

PARA 13 - The contents of the corresponding paras of the plaint do not require any reply

as the same is a legal paragraph in respect of the doctrine of Res Sub-Judice.

PARA 14 & 15 – The contents of the corresponding para of the Plaint are false and

vehemently denied. The present plaint is liable to be rejected by this Hon’ble Court as

this Hon’ble Court does not possess appropriate territorial jurisdiction to entertain the

present suit. The detailed reply to the same has already been given in Para 10 of the

Preliminary Objections above. The same are not repeated herein for the sake of brevity.

PARA 16 – The contents of the corresponding paras of the plaint do not require any

reply as the same are legal para regarding the court fee paid and valuation of the suit.

PRAYER

Hence, it is most respectfully and humbly prayed that this Hon’ble Court may

be pleased to: -

1. Dismiss the plaint filed by the plaintiff company on the grounds as brought forward

in the written statement as the plaintiff company is not entitled to any relief as claimed
by them in the prayer clause of the plaint.

2. Impose exemplary costs upon the plaintiff company for abusing the process of this

Hon’ble Court and wasting the precious time of this Hon’ble Court by filing the present

frivolous litigation.

3. Award the costs of the present case in favor of the defendant.

4. Any other or further orders which this Hon’ble Court may deem fit in the interest of

justice and equity.

DEFENDANT

THROUGH

Kushal Tripathi & Associates

Verified at (Place) on this day of , that the contents of the

paragraphs 1 – 11 of the Preliminary Objections and Paras 1 – 16 of the Para Wise Reply

on merits are true to my knowledge as derived from records and are believed to be true

on the basis of the information received and believed to be correct and the last paragraph

is of prayer only to this Hon`ble Court.

DEFENDANT