IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION (L) NO 3221 OF 2016
IN
SUIT (L) NO. 1031 OF 2016
[Link] SALIMBHAI KALUBHAI …Applicant
IN THE MATTER OF :
Raj oil Mills Ltd. …Plaintiff
Versus
Abdulla KalukhanMusla&Anr. …Defendant
AFFIDAVIT IN SUPPORT OF DFFEDAND NO. 2
I [Link] SALIMBHAI KALUBHAI, an adult of Surat, aged 57 about
Indian Inhabitant, having Residence at Post Valak, Taluka Kamrej, District
Surat, Gujarat - 394185 do hereby state on solemn affirmation as under:-
1. I have perused copies of the Plaint, above Notice of Motion and
Affidavit in Support thereof. I am filing this Affidavit in support to the
above Notice of Motion.
2. At the outset, I say that the Plaintiff filed the above suit dishonestly,
mischievously and without any basis to deprive the rights of recovery
of the invested amount of my group at the hands of Defendant No.2,
and as such liable to be dismissed with compensatory cost. No relief be
granted to the Plaintiff’s company who had not come with clean hands
before this Hon’ble Court.
3. I say that in the mid of December 2015 I was at Mumbai along with my
other colleagues. I along with them went for afternoon prayer in the
compound of M/s Raj Oil Mill Ltd. I met Mr. Ismail Abdul Rahim Sulia,
who is brother in law of Mr. Shaukat Suleman Tharadra, Chairman &
Managing Director of M/s Raj Oil Mills Ltd. And also belong to my
community where Mr. Abdulla K. Musla, introduced himself as one of
the Director of M/s Raj Oil Mills Ltd. They both offered me and my
colleagues to invest in the Company M/s Raj Oil to gain yield the profit
due its popular brands name in edible oils market. I said that I will
consider with my group and let them know.
4. I say that I also discussed with Mr. Atikurrahman Duadbhai Mukhi
who also having his office Next to Raj Oil Office and residing on the 1st
floor of the company’s office. He is father of Defendant No. 2. I came
with my colleagues to the office of Mr. Mukhi and discussed the
business proposal given by Mr. Ismail. Mr. Mukhi called Mr. Ismail
&Mr Abdulla. They both submit the company’s resolution of forming
the committee to run the business in professional manner. They both
introduced me with other Directors of the company. I showed
willingness. The Directors offered me and my colleagues to visit their
factory plan situated at Village : Ten, Dist: Wada, at Pallghar. I along
with them visited their factory. The Factory Manager and other staff
showed me the factory to satisfy myself about the products and brands
and its feasibilities.
5. I call the meeting of my group colleagues and entered into MOU dated
19-1-2015 where the funds were generated to the extent of Rupees 5
Criers for the purpose of investment in the Plaintiff’s company. ( I
crave leave to refer to and rely upon the said MOU when produced) I
submitted the copy to Mr. Ismail Abdul Rahim Sulia about the
assurance of the fund. I visited to the Plaintiff’s office on 24-1-2015
where the copy of Board Resolution passed on 23-1-2015 was handed
over to me. I discussed with my group colleagues and appointed Mr.
Altaf A. Mukhi to for M/s Mukhi Trade Link to conduct the business.
Accordingly the Agreement for Sole Distributorship was given by the
Plaintiff’s company prepared by its legal department in favour of
Defendant No. 2 in my presence where my other colleagues of the
group were also present and the same was executed by the Company’s
CMD and Defendant No. 2.
6. I say that after the said Agreement the business was started and the
money was poured into the Plaintiff’s company. The Plaintiff started
making commission as agreed to Defendant NO.2, who in turn paid
our commission as per my group MOU after deducting the respective
TDS. The entire transaction with the Plaintiff Company were by
cheques/RTGS. I met time to time with other Directors of the Plaintiff
company on several occasion with Defendant No.2, his father Mr. Mr.
Atikurrahman Duadbhai Mukhi & Mr. Sohail Ahmed Kadar Ishkay the
other colleagues in business group.
7. I say that from February 2016 the Plaintiff’s company stopped the
commission. I enquired with Defendant No. 2 about the same. I came
to know that Mr. Shaukat, Mr. Rashid, Directors and Mr. Ismail
systematically started siphoning of my group fund invested to the
extent of Rs. 5 Croers and swallowed the entire stock without the
consent and knowledge of Defendant No. 2.
8. I say that then after, Defendant No. 2 initiated various proceedings
against the Plaintiff’s Company and its Directors for the recovery of my
group legitimate dues and in counter blast dishonestly the Plaintiff
filed the present suit to harass the Defendant No. 2 and my other
colleagues in the group.
9. I say that no relief should be granted and perjury notice be issued
against the Plaintiff’s directors for giving false statement on oath and
to mislead this Hon’ble Court.
Solemnly affirmed at Surat
Dated ______ day of November 2016
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