IN THE CITY CIVIL COURT AT DINDOSHI
COMMERCIAL Suit No. 184 of 2023
Mr. Fauzan Ranawadia )
Proprietor of Artino Plus )
Add at 151/336, A-2 )
Shah & Nahar Industrial Estate, )
Lower Parel, Mumbai – 13 ) … Plaintiff
v/s
1. M/s Mokshart Print Production Pvt Ltd )
a) Off – C- 112, Balaji Industrial Estate )
Akurli Road, Kandivali E, Mumbai- 101 )
b) R/A- A- 405/406, Bldg No. 9, )
Whispering Palm Xclusive , )
Akurli Rd, Lokhandwala Township )
Kandivali (E), Mumbai- 101 )
2. Mrs. Rinku Mehta Amrish ( Director ) )
3. Mr. Amrish Mehta Ramesh ( Director) )
Off – C- 112, Balaji Industrial Estate )
Akurli Road, Kandivali E, Mumbai- 101 )
R/A- A- 405/406, Bldg No. 9, )
Whispering Palm Xclusive ,
Akurli Rd, Lokhandwala Township
Kandivali (E), Mumbai- 101 ) .. Defendants
WRITTEN STATEMENT OF THE DEFENDANTS
The defendants above named do hereby state on solemn
affirmation as under,
1 The defendants states that the suit of the Plaintiff is false and is
liable to be dismissed. The plaintiff has put up exorbitant claim in
the plaint. With reference to para 3 of the Plaint, the defendant
states that it is true that there was business dealing with the
plaintiff, however the defendant states that many of the items of
the plaintiff were defective and therefore it was returned back to the
plaintiff. The defendant does not admit the invoices as is mentioned
in para 3 of the plaint.
2 The defendant denies that he had confirmed the purchase order
dated 15/6/2016, 19/7/2016,1/9/2016, 13/10/2016, 18/10/2016, and
12/11/2016. The defendant calls upon the plaintiff to strict proof
therein. The defendant denies that they have received the goods
worth of 6,51,541/- as is stated in para 4 of the plaint. Note –
Here write what is your defense . What
you want to submit in this case.
3 With reference to para 5 of the plaint, the defendant does not admit
the invoices as is stated in the said para .
4 With reference to para 7 of the plaint, the defendants states that
they have not received the legal notice dated 21/12/2018. However
the defendants deny that they have outstanding Rs 5,26,058/- to
pay. The defendant states that as per their calculations they have to
pay only Rs……………. , to the plaintiff which they are ready to pay
to the plaintiff.
5 With reference to para 8 of the plaint, the defendant deny that they
have admitted the liability of Rs 5,26,058/- . The defendants deny
that they have to pay 18 % interest to the plaintiff on the
outstanding amount.
6 With reference to para 9 of the plaint, the defendant are not aware
that the said Mr. Anjaiah Papaiah Sogala is aware about the facts of
the case.
7 With reference to par 10 of the Plaint, the defendant states that the
present suit is barred by the law of limitation. The whole transaction
is of the year 2016 and the suit is filed on 19/1/2021 and hence on
this ground itself the suit is liable to be dismissed. There is no
continuous cause of action as is stated in the plaintiff and hence on
the ground of limitation the suit is liable to be dismissed.
8 The defendants deny that they have to pay the amount as is
demanded by the plaintiff. The plaintiff have not mentioned any
thing about the pre-trial mediation as per commercial suit Act.
Therefore also the suit is bad in law and is liable to be dismissed.
Defendant No.1
Defendant No.2
Defendant No.3
VERIFICATION
I, Amrish Ramesh Mehta , the defendant No.3 residing at
…………….address …. do hereby state on solemn affirmation that
whatsoever is stated in my Written statement is true and correct to the
best of my knowledge and belief.
Solemnly affirmed at Mumbai )
This day of March 2024 )
Defendant No. 3
Identified by me Before me
IN THE CITY CIVIL COURT AT DINDOSHI
COMM. Suit No. 184 /2023
FAUZAN RANAWADIA .. Plaintiff
v/s
M/s Mokshart Print Production Pvt Ltd
& others … Defendants
WRITTEN STATEMENT OF DEFENDANTS
DATED DAY OF March 2024
MUJIB KHAN & G.A KARAMCHANDANI
ADVOCATE FOR Defendants
ROYAL BAKERY, POINSUR,
KANDIVALI, MUMBAI- 67
IN THE CITY CIVIL COURT AT DINDOSHI
COMMERCIAL Suit No. 184 of 2023
Mr. Fauzan Ranawadia .. Plaintiff
v/s
1. M/s Mokshart Print Production Pvt Ltd & others .. Defendants
STATEMENT OF TRUTH
( under First Schedule, Order VI, Rule 15 A, and order XL-R-3 )
I, Amrish Ramesh Mehta , the defendant No.3 in the above suit and
the deponent do hereby solemnly affirm and declare as under,
1. I am sufficiently conversant with the facts of the case and have examined
all relevant documents and records in relation thereto.
2. I say that the statements made in 1 to 8 paragraphs are true to my
knowledge and statements made in paragraphs are based on information
received which I believe to be correct and statements made in paragraphs
are based on legal advice.
3. I say that there is no false statement or concealment of any material fact
document or record and I have included information that is according to
me relevant for the present suit.
4. I say that all documents in my power, possession , control or custody,
pertaining to the facts and circumstances of the proceedings have been
disclosed and copies thereof annexed with the list of documents in the
written statement, and that at present I do not have any other documents
in my power, possession , control or custody.
5. I say that the above mentioned pleading comprises of total ….. pages
each of which has been duly signed by me.
6. I state that the annexures hereto are true copies of the documents referred
to and relied upon by 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 for the time being in
force.
Place- Mumbai
Date- Defendant No.3
( Deponent )
