MEDIATION APPLICATION
Delhi Mediation Centre, North West District,
Rohini Court Complex, Delhi
DETAILS OF PARTIES:
1. Name of Applicant- Mr Akhil Saxena
2. Address and contact details of applicant:
Address: R/o 555/9-A/A-4, GT Road,
Mansarovar Park, Delhi-110032
3. Name of opposite party: Mr Rakesh Rawat
4. Address and contact details of opposite party:
Address: Plot No. 120, Flat No. C-3
Lane No. 7, Vivekanand Lane, Shakti Khand-2,
Indirapuram, Ghaziabad-201014
DETAILS OF DISPUTE
1. Nature of dispute as per section 2(1)(c) of the Commercial
Courts Act 2015(4 of 2016): Agreement for sale of goods or provisions
of services.
2. Quantum of claim: Rs.1,48,000/- (Rupees One Lakh Forty Eight
Thousand Only) along with interest @ 18% per annum from the date of
last payment made to the Applicant till actual realization in favor of the
Applicant.
3. Territorial jurisdiction of the competent court:
Opposite Party Company approached the Applicant Firm for providing
services of processing ______________________________. The Applicant is
residing at R/o 555/9-A/A-4, GT Road, Mansarovar Park, Delhi-110032
within the jurisdiction of Shahdara District, Karkardooma Court, Delhi and
within the jurisdiction of Delhi Mediation Centre, Shahdara District,
Karkardooma Court Complex.
4. Brief synopsis of commercial dispute:
1. That the Applicant is residing at R/o 555/9-A/A-4, GT Road,
Mansarovar Park, Delhi-110032.
2. That the Applicant are known to the opposite party and has friendly
relations with the opposite party.
3. That the Opposite Party is residing at Plot No. 120, Flat No. C-3,
Lane No.7, Vivekanand Lane, Shakti Khand-2, Indirapuram,
Ghaziabad-201014.
4. That the Applicant and the Opposite party having a friendly relation
with each other and in a friendly relation with the opposite party,
the applicant has paid the amount of Rs.1,47,217/- through RTGS on
27.02.2021.
5. That the opposite party has promised to return the amount to the
applicant within sixty days.
6. That the opposite party has issued the cheque bearing no.- 007183,
dated 23.07.2022, which was dishonoured by the bank due to
“Insufficient Funds”.
7. That the opposite party has requested the applicant not to take any
legal action and requested to grant one more chance to repay the
aforesaid amount along with bank charges for dishonour of
abovesaid cheque.
8. That the applicant after agreeing to the above request of the
opposite party, another cheque was issued cheque bearing no.
02007186, dated 10.02.2023, for an amount of Rs.1,48,000/-
(Rupees One Lakh Forty Eight Thousand Only).
9. That the another cheque which was presented by the opposite party
was also dishonoured due to “Insufficient Funds” in its returning
memo dated 13.02.2023.
10. That, the Applicant Company was constrained to issue a Legal
Notice dated 17.02.2023 to the Opposite Party seeking payment of
Rs.1,48,000/- (Rupees One Lakh Forty Eight Thousand Only) along
with interest at the rate of 18% per annum. Upon receipt of the said
Legal Notice, the Opposite Party did not replied against the said
legal notice.
11. That, thereafter the Applicant has made several requests and
reminders for the payment of amount of Rs.1,48,000/- (Rupees One
Lakh Forty Eight Thousand Only) as per the acknowledgement given
by the Opposite Party but the same have been unheard of.
12. That thus the aforesaid sum of Rs.1,48,000/- (Rupees One
Lakh Forty Eight Thousand Only) is due and payable by the Opposite
Party to the Applicant which the Opposite Party has failed to pay
despite repeated requests, reminders and legal demand notice and
as such the Opposite Party is liable to pay the aforesaid outstanding
amount along with 18% interest p.a. to the Applicant Company.
13. That in light of the above, the Applicant Company is therefore,
entitled to a decree of Rs.1,48,000/- (Rupees One Lakh Forty Eight
Thousand Only) against the Opposite Party along with costs and
pendent lite interest and interest at the rate of 18% per annum from
the date of last payment made till actual realisation in favour of the
Applicant.
14. Jurisdiction:
That the value of the present Mediation application for the purpose
of court jurisdiction is Rs 1,48,000/- (Rupees One Lakh Forty Eight
Thousand Only) along with costs and pendent lite interest and
interest at the rate of 18% per annum from the payment made till
actual realization in favour of the Applicant. That the Mediation
Center, Shahdara District, Karkardooma Court Complex has the
jurisdiction to try and entertain the present application.
DETAILS OF FEE PAID:
Fee paid by: APPLICANT
Transaction No.___________________________ Dated:
_______________________
5. Name of the Applicant – Mr Akhil Saxena
Applicant
THROUGH COUNSEL
DATED: __________
ISHITA JAIN, SAKSHI MEHRA &
JATIN GAHLOT
ADVOCATES
306, 3rd floor, Krishna Apra Business
square, Netaji Subhash Palace,
New Delhi-110034
NOTE: Form shall be submitted to the Authority with a fee of
thousand rupees.
For Office Use:
Form received on:
File No. allotted:
Mode of sending notice to the opposite party:
Notice to opposite party sent on:
Whether Notice acknowledging by opposite party or not:
Date of Non-starter report/
Assignment of commercial dispute to Mediator:
AFFIDAVIT
AFFIDAVIT OF THE DEPONENT MR. AKHIL SAXENA (AUTHORISED
REPRESENTATIVE) R/O 555/9-A/A-4, GT ROAD, MANSAROVAR PARK, DELHI-
110032; do hereby solemnly affirm and declare as under:
1. That I am a law-abiding citizen of India;
2. That the residence of Mr. Akhil Saxena of the above-mentioned
address is residing from last __ years.
3. That the opposite party is residing at Plot No. 120, Flat No. C-3, Lane
No.7, Vivekanand Lane, Shakti Khand-2, Indirapuram, Ghaziabad-
201014.
4. That the present application has been drafted by my counsel under
my instruction and the contents there in are true and correct to my
knowledge, the contents of the present application are not repeated
for the sake of brevity and avoiding repetition.
Deponent
VERIFICATION:
VERIFIED at Delhi________ on the day of May, 2023 that the contents of the
above affidavit are true and correct to my knowledge and belief. No part
of it is false and nothing material has been concealed there from.
DEPONENT
