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Showing contexts for: Manipulated document in ) C.S. No. 10236/2016 vs Dmv Ventures on 28 November, 2016Matching Fragments
5. Arihant Trading Company, plaintiff of lead case no. 10236/2016 filed written statement to the counter claim of counter CS10236/2016 Arihant Trading Co. Vs. DMV Ventures claimant/defendant taking preliminary objections viz., (i) counter claim was a gross abuse of process of law; (ii) the counter claimant/defendant had adopted novel modus operandi to misuse the provisions of law; (iii) the counter claim was a malicious, fraudulent and mischievous conduct of the counter claimant/defendant because the counter claimant/ defendant had admitted his liabilities in the complaint case and made the payment of the complaint amount and after compounding the complaint, the counter claimant/defendant approached the Civil Court and sought to claim the same amount, which he had paid before the Metropolitan Magistrate in the complaint case; (iv) The counter claimant/defendant had not filed the Court fee with respect to the amended counter claim; (v) the counter claim of the defendant had not been filed in the name of the proprietor of the counter claimant/defendant and had not been signed by the proprietor of the counter claimant/defendant and there was no power of attorney on record from proprietor of counter claimant/defendant in favour of the person signing the counter claim; (vi) the counter claimant/defendant had not come to this Court with clean hands and had filed the counter claim on the basis of the forged, false and manipulated documents; (vii) the counter claim has been filed to put pressure on the CS10236/2016 Arihant Trading Co. Vs. DMV Ventures plaintiff to succumb to the illegal designs of the defendant; (viii) the counter claim had not been verified as per the provisions of Order VI Rule 16 of CPC; (ix) there are contradictions apparent in the counter claim demanding the amounts from the plaintiff. Plaintiff averred that on many occasions the customers visited the place of business of plaintiff at Delhi and also purchased goods on cash payments and also placed orders for the supply of goods. Since, counter claim of the defendant had been filed in September 2012, therefore plaintiff could not have placed order in December 2012. Also has been averred that the payment of Rs. 2,45,125.00 had been made to the plaintiff by the counter claimant/defendant vide cheque no. 0155255, dated 12.12.2011 against the part payment of outstanding payments against the payment of the goods which had been supplied by the plaintiff to the defendant vide their various invoices. The defendant to avoid the payment of his liabilities had concocted the false and frivolous stories and created forged and manipulated documents. Plaintiff denied that any defective material was ever delivered to the defendant by the plaintiff, therefore the question of taking them back did not arise under any circumstances. The plaintiff denied receiving of alleged debit notes from the defendant. It has also CS10236/2016 Arihant Trading Co. Vs. DMV Ventures been averred that plaintiff was not concerned in what manner the defendant dealt with the material purchased and how, where and in what manner defendant disposed off its consignment, so the question of being liable to pay any alleged AIR freight charges did not arise under any circumstances to the defendant. Plaintiff specifically denied to be liable to pay Rs. 95,085.00 to the defendant. Rest of the averments of counter claim have been denied by the plaintiff in toto.
1) Whether the counter claimant is entitled for recovery of Rs. 3,33,239.00 as prayed for?
Onus upon counter claimant
2) Whether the counter claim is gross abuse of process of law?
Onus upon plaintiff CS10236/2016 Arihant Trading Co. Vs. DMV Ventures
3) Whether counter claimant has not come to court with clean hands and has filed the counter claim on the basis of forged, false and manipulated documents?
Findings on Issue No(3) Whether counter claimant has not come to court with clean hands and has filed the counter claim on the basis of forged, false and manipulated documents?
Onus upon plaintiff CS10236/2016 Arihant Trading Co. Vs. DMV Ventures
25. No evidence has been led by plaintiff to discharge its onus on this issue. Plaintiff has failed to prove that counter claimant has not come to court with clean hands and has filed the counter claim on the basis of forged, false and manipulated documents. Issue no3 is decided against the plaintiff and in favour of counter claimant/defendant accordingly.