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Showing contexts for: 494 in Vivek Kadyan vs Pyramid E And C Fze on 2 February, 2024Matching Fragments
Pyramid E & C FZE Through it's CMD Sh. Ashish Bajpai
2. Sh. Ashish Bajpai, Chairman & Managing Director Pyramid E & C FZE Email: [email protected]
3. Ms. Sangita Polekar Sr. Officer Finance & Administration.
Pyramid E & C FZE Email: [email protected] Correspondence office at:
4th Floor, Hamilton 'A' Wing, Hiranandani Business Park, Thane, Mumbai-400607 .....Defendants Date of Institution : 08.04.2022 Date of reserving of Order : 22.01.2024 Date of pronouncing Order : 02.02.2024 CS No. 494/22 Vivek Kadyan vs Pyramid E & C FZE& Anr. 1/10 SUIT FOR RECOVERY OF AMOUNT OF RS.1,32,000/- along with interest thereon @18 % per annum
CS No. 494/22 Vivek Kadyan vs Pyramid E & C FZE& Anr. 2/10
2. That the plaintiff regularly appeared in the court on behlf of defendant no.1 and that finally on 23.02.2022, after some clarifications, the matter was fixed for orders at 04:00 pm. As per the order dt. 23.02.2022, the Hon'ble Court allowed the application under section 5 and 8 of the Arbitration and Conciliation Act, 1996 filed by the Plaintiff on behalf of Defendants and matter was disposed of accordingly. That the Plaintiff immediately informed the Defendants the decision of the case and upon instructions, the Plaintiff sent to the Defendant No. 3 an Invoice Ref. No. VK/06/2022 dated 24.02.2022 for Rs.1,32,000/- for the remaining Professional Fees for 6 Court Appearance on the date of hearing for 28.01.2019, 09.04.2019, 06.08.2019, 18.11.2021, 18.01.2022 & 23.02.2022 as agreed @ Rs.22,000/- per appearance through Speed-Post as well as email to the Defendant No.2 and through Whatsapp on Mobile No. 9819862945 of the Defendant No.3. The Plaintiff also attached the daily order sheet of his presence in the court on above mentioned dates of hearings. The Plaintiff also informed the Defendants that the Invoices No. VK/04/2018 and VK/05/2018 for dates of hearing on 14.05.2018 and 25.07.2018 respectively has already been raised and payment has already been received @ Rs.22,000/- after deduction of the TDS. That however the Plaintiff was surprised to receive an email dated 11.03.2022 from the Defendant No.3 asking to forward any communication /emails regarding theses court appearances with Pyramid team which was duly responded vide email dated 13.03.2022 stating therein that the Plaintiff have already annexed the order sheet reflecting his presence on the given dates of hearing and CS No. 494/22 Vivek Kadyan vs Pyramid E & C FZE& Anr. 3/10 highlighted the same.
The Plaintiff clarified to Defendants that due to Covid-19 restrictions and directions of Hon'ble Delhi High Court, the courts are working through Video Conferencing. The Plaintiff also apprised the Defendant No. 3 that there had been around 32 hearings in the matter however the Plaintiff has raised his invoice only for the effective dates of hearings where the Plaintiff has remained present, either physically or through VC mode. That even after passage of a week's time, the Plaintiff didn't receive any call/message/email or response to his repeated requests to the defendants to clear his Invoice Ref. No. VK/06/2022 dated 24.02.2022 for Rs. 1.32,000/-. That the plaintiff sent a Legal Notice dt. 21.03.2022 upon the defendants to make the payment of Rs.1,32,000/- (Rupees One Lakh Thirty Two Thousand only) towards pending professional fees in the matter titled M/S WOG Tech. Pvt. Ltd. Vs. Pyramid E & C FZE & Anr. vide CS No.61799/2016; Invoice Ref. No. VK/06/2022 dated 24.02.2022 along with an interest @ 18% p.a. w.e.f. 01.03.2022 till the realization of the amount along with Rs. 11,000/- towards the CS No. 494/22 Vivek Kadyan vs Pyramid E & C FZE& Anr. 4/10 charges for the Legal Notice within a period of 07 days from the date of receipt of the legal notice. That the Defendants didn't even bother to reply the aforesaid Legal Notice dated 21.03.2022 and also failed to make the payment.
4. Vide order dated 08.04.2019, summons were directed to be issued upon the defendant. Summons issued to defendants were duly served by way of email. During proceedings, defendants were proceeded ex-parte vide order dated 13.09.2022. Thereafter, application u/O 9 rule 7 CPC was filed on behalf of defendants, which was allowed vide order dated 30.09.2022 and WS filed by the defendants.
5. In their WS, defendants have stated that the defendant no.1 is a foreign entity having its office outside the jurisdiction of India i.e. in Dubai, United Arab Emirates. The defendant no.2 is a Non-Resident Indian residing at Houston, United States of America for the past 6 years and defendant no.3 is an accountant in an affiliated firm of defendant no.1 in Thane, Maharashtra. Te averments made in the plaint have been denied by the defendants and it is stated that the plaintiff was engaged by the defendants as their counsel against total professional fees of Rs. 22,000/-. It is further stated that only two effective hearings have taken place during the course of the proceedings in M/s WOG Technologies (P) Ltd. vs. Pyramid E &C FZE. It is further stated that plaintiff was paid Rs. 22,000/- by the defendant no.1 as soon as the demand was raised i.e. on 10.05.2018 vide invoice No. VK/04/2018, being under the impression that the entire matter is taken care of and there is no due lying at the hands of the CS No. 494/22 Vivek Kadyan vs Pyramid E & C FZE& Anr. 5/10 defendant no.1. Plaintiff again made a demand of Rs.22,000/- from the defendant no.1 on the pretext that there are certain further procedures to be undertaken by him, which the defendant no.1 promptly fulfilled, having full faith in his legal counsel, despite agreeing to the total fee of Rs.22,000/- only, rather than Rs.44,000/- which was finally paid on 01.07.2018 VK/05/2018. With these submissions, it is prayed that the present suit be dismissed.