Gautam Gulati 801
Gautam Gulati 801
DISTRICT
JUDGE (COMM)-11, CENTRAL DISTRICT TIS HAZARI, DELHI
D.O.H. 23.01.2025
INDEX
S.No. Particulars Pages C.Fee
01. Replication on behalf of plaintiff to the
written statement filed by the defendant.
,_ {,
02. Affidavit in support of replication.
[ 7-
03. List of witnesses on behalf of plaintiff. 112>
Olf lJ s TOP 1ew M 6/VT.S. i,v(fff D~MllNT 10,- 3/
DELHI
DATED: 22.01.2025
Through:
·Sushant Mukund (Advocate for plaintiff)
Ch. No. G-422, KKD Court, Delhi
(M) 9868069682
Email: [email protected]
IN THE COURT OF SH. SURENDER SINGH RATHI, LD. DISTRICT
JUDGE (COMM)-11, CENTRAL DISTRICT TIS HAZARI, DELHI
D.O.H. 28.03.2025
PRELIMINARY SUBMISSIONS:
1. That the defendant is trying to mislead this Hon 'ble Court by placing
misleading facts and no cash transactions took place between the plaintiff
and the defendant. The entire transaction between the plaintiff and
defendant took place through proper channel i.e. most of the bills are e-
way bills and few are manual bills and GST credits for all the bills were
already been taken by the GST credits against the bills generated by the
plaintiff against the defendant and no GST dispute or mismatch has ever
pointed out by any of the authority/GST Departments against the bills
raised by the plaintiff against the defendant which are under the
consideration of this Hon'ble Court.
2. That the entire claim of the plaintiff is true and correct as maintained in the
ledger account statement which is annexed with the plaint though the
defendant has disputed the claim of plaintiff, however not filed the ledger
account statement maintained by the defendant which clearly depicts that
the defendant is taking unsustainable defense.
3. That the goods were being dispatched to Delhi at their site which is located
at Subhash Nagar West Delhi as per their requirements and demands and
credit for all the goods supplied and bills raised were already being taken
by the defendant and defendant is maliciously disputing the claim of the
plaintiff without placing their ledger account statement.
4. That as per the admission and denial of the defendant filed along with the
present written statement the defendant has admitted the receipt of legal
notice, however the legal notice was not replied by the defendant as the
defendant was having no reply to the same. The defendant.further admitted
the non starter report issued by DLSA, Tis Hazari, Central District
therefore the defendant has failed to join the process of settlement before
initiation of the proceedings as mandatory U/. 12(A) of the Commercial
Court Act and no defense was taken by the defendant at any other stage.
The defendant has not filed the reply of the suit on time and only
approached this Hon'ble Court on 20.12.2024 after even recording of the
evidence by the Local commissioner appointed by the Court.
REPLY TO PRELIMINARY OBJECTIONS:
·-· '.~;:.:/r<; ~. -•
L,·
the Plaintiff has contended that it was supplying the goods (spare pai1s
of commercial vehicles) from 09.06.2022 onwards to the Defendant
and has raised various invoices or that generation of e.:.way bill is
mandatory for transportation of the goods having value of more than
Rs. 50,000/- or that the Plaintiff has failed to place on record a single
e-way bill generated against the said alleged invoices or that the
Plaintiff has failed to substantiate and corroborate its alleged claims
with cogent evidence and the present suit is ought to be dismissed on
this ground alone. It is submitted that as per the notification from the
GST Department thee-way invoice bills are only required if the amount
is more than Rs. 1 Lakh and the distance between the origin point and
supply point is more than 50 km then e-way bills are required.
19. That the contents of Para No.19 of preliminary submissions are matter
of record.
20. That the contents of Para No.20 of preliminary submissions are matter
of record, however it is submitted that it is an admission on the part of
defendant of the business dealing between the plaintiff and defendant
and defendant has deliberately and maliciously not provided the ledger
account statement maintained by them for the goods and services
provided by the plaintiff to the defendant.
1-2. That the contents of Para No.1-2 of the written statement are matter of record,
needs no replication while the contents of the same Para of the suit are
reiterated and reaffirmed as to be correct.
3. That the contents of Para No.3 of the written statement are vehemently denied
as being absolutely wrong, false and incorrect while the contents of the same
Para of the suit are reiterated and reaffirmed as to be correct. It is specifically
denied that there existed no evident for the defendant company to make the
payment after 18.07.2023 as no further invoices were raised by the plaintiff
or that no amount remained outstanding from the defendant to the plaintiff. It
is submitted that the 18.07.2023 is the last payment paid by the defendant to
the plaintiff and thereafter the defendant has not paid a single penny and
therefore the outstanding amount if Rs. 7,77,218.64/-. Moreover, the
defendant has not filed their ledger account statement.
4. That the contents of Para No.4 of the written statement are vehemently denied
as being absolutely wrong, false and incorrect while the contents of the same
Para of the suit are reiterated and reaffirmed as to be correct.
5. That the contents of Para No.5 of the written statement are vehemently denied
as being absolutely wrong, false and incorrect while the contents of the same
Para of the suit are reiterated and reaffirmed as to be correct. It is specifically
denied that there exists no liability upon the defendant to pay the plaintiff, as
no amount is due and payable by the defendant to plaintiff or that the alleged
\is;;;;;,,~\'\:,"-·:·_\,:•;'-,-:-·:,,
, _,_.;,'.;'i:p'(?~
.
\Yl r- ~ ,;,;;J;;}t.?
1'-f
interest charged by the plaintiff was never agreed between the parties and has
been charged without any basis.
6-7. That the contents of Para No.6-7 of the written statement are vehemently
. denied as being absolutely wrong, false and incorrect while the contents of the
same Para of the suit are reiterated and reaffirmed as to be correct. It is denied
that no amount is due and payable by the defendant to the plaintiff. The
contents of the preliminary submissions made herein may kindly be read as
part and parcel of the present replication to the paragraph herein and the same
is not being repeated herein for the sake of brevity.
8-10. That the contents of Para No.8-10 of the written statement are vehemently
denied as being absolutely wrong, false and incorrect while the contents of the
same Para of the suit are reiterated and reaffirmed as to be correct. The
contents of the preliminary submissions made herein may kindly be read as
part and parcel of the present replication to the paragraph herein and the same
is not being repeated herein for the sake of brevity.
11. That the contents of Para No.11 of the written statement are vehemently
denied as being absolutely wrong, false and incorrect while the contents of the
same Para of the suit are reiterated and reaffirmed as. to be correct. It is
specifically denied that no amount is due and payable by the defendant to the
plaintiff or that no loss has been caused to the plaintiff as the defendant has
made all the payments of the due and payable amount to the plaintiff or that
the plaintiff has not produced any evidence to corroborate the alleged loss
caused to him. The contents of the preliminary submissions made herein may
kindly be read as part and parcel of the present replication to the paragraph
herein and the same is not being repeated herein for the sake of brevity.
12-15 That the contents of Para No.12-15 of the written statement are vehemently
denied as being absolutely wrong, false and incorrect while the contents of the
same Para of the suit are reiterated and reaffirmed as to be correct.
16. That the contents of Para No.16 of the written statement are vehemently
denied as being absolutely wrong, false and incorrect while the contents of the
same Para of the suit are reiterated and reaffirmed as to be correct. It is
submitted that the cause of action arose in favour of plaintiff and against the
defendant and all the date and events mentioned in the present Para are true
and correct. The contents of the preliminary submissions made herein may
kindly be read as part and parcel of the present replication to the paragraph
herein and the same is not being repeated herein for the sake of brevity.
17. That the contents of Para No.17 of the written statement are vehemently
denied as being absolutely wrong, false and incorrect while the contents of the
same Para of the suit are reiterated and reaffirmed as to be correct.
18. That the contents of Para No.18 of the written statement are matter of record
while the contents of the same Para of the suit are reiterated and reaffirmed as
to be correct.
DELHI
DATED: 20.03.2025
Through: {7~.~
Sushant Muku(l%(Advocate for plaintiff)
Ch. No. G-422, KKD Court, Delhi
(M) 9868069682
Email: [email protected]
\'~
IN THE COURT OF SH. SURENDER SINGH RATHI, LD. DISTRICT
JUDGE (COMM)-11, CENTRAL DISTRICT TIS HAZARI, DELHI
AFFIDAVIT
I,.Gautam Gulati S/o Sh. Manish Gulati (aged about_ years), Proprietor of
M/s Balaji Earthmovers & Handling Spares Office at Shop No. 234-235, Gali Panja
Sharif, shmiri Gate, Delhi-110005, do hereby solemnly affirm and declare as
und :-
"\J.- 0
"'.:";~ the deponent is the So!e Proprietor of th': plaintiff in the above noted case
~,i\;;-;:.-.. , ·a~~fn well conversant with the facts and circumstances of the case as such
_/4.
o-
0
v~f!~
~~·
cP-¢:ifb~mpetent to swear this affidavit.
~
s·. ·•: ... ,.;. ·: f
'
-~
Q.,
~ ~"
. J..'\~ ,:()'. ; .• ••
'.': • /
! ... .'
_J <e"·~},.oi~' J=hat I have filed the accompanying replication before this Hon'ble Court. The
• , ~1~<,'(l-~,; ,,-<':'contents ~f the a~companying application has be~n drafted by my counsel
"f. Ka;~rd< ·.. :· .. \. ,,·under my mstruct10ns and same are read over to me m _my vernacular language
-......::_ ·- • and the same are true and correct and the same may kindly be read as part and
parcel of this affidavit as the same are not being repeated herein for the sake
of brevity
. f01
3. That the above statement of the deponent is true and correct.
~T
2 0 MAR 2025
"'.
3. Officials from GST Department with the record of GST return of the
defendant company bearing GST No. 07 AAICA9429Q1ZW from the
concerned office where the GST record of the defendant are maintained.
4. Officials from GST Department with the record of GST return of the plaintiff
firm bearing GST No. 07DDJPG8460H1ZB from the concerned office where
the GST record of the plaintiff firm are maintained.
List of documents produced with the plaint (or the first hearing on behalf of the Plaintiff or Defendant)
Date of hearing This list ad filed by this day of 202
1 2 3 4 5 6
Serial Descriptions and date This the What become of the Remarks
No. if any of this document Document document
is intended brought if rejected
to prove the record date of
the exhibit return to
mark put Party &
on the •Signature
document of Party or
Pleader to
whom the
document
was return
through
Advocate
Signature
of Party
of Please
date
Processing
BALAJI EARTHMOVERS AND HANLING SPARES
SHOP NO 234-235
;/0
GALI PANJA SHARIF
KASHMERE GATE
coriinued ...
-
For
BALAJI EARTHMOVERS AND HANLING SPARES
~
M/S ECO GREEN ENVIRON TECH SOLUTIONS LTD Ledger Account : 1-Apr-2022 to 31-Mar-2024 Page 2
Date Particulars Vch Type Vch No. Debit Credit
Brought Forward 2,53, 184.00 2,08,984.00
continued ...
BALAJI EARTHMOVERS AND HANLING SPARES
/r(_fi
M/S ECO GREEN ENVIRON TECH SOLUTIONS LTD Ledger Account : 1-Apr-2022 to 31-Mar-2024 Page3
Date Particulars Vch Type Vch No. Debit Credit
con.:inued ...
<),,, '2.-
BALAJI EARTHMOVERS AND HANLING SPARES
M/S ECO GREEN ENVIRON TECH SOLUTIONS LTD Ledger Account : 1-Apr-2022 to 31-Mar-2024 Page4
Date Particulars Vch Type Vch No. Debit Credit
Brought Forward 11,92,942.00 10,84,407.00
continued ...
BALAJI EARTHMOVERS AND HANLING SPARES
9---7
M/S ECO GREEN ENVIRON TECH SOLUTIONS LTD Ledger Account : 1-Apr-2022 to 31-Mar-2024 Page6
Date Particulars Yeh Type Vch No. Debit Credit
Brought Forward 17,81,294.00 10,84,:+07.00
conti7ued ...
For
BALAJI EARTHMOVER$ AND HANLING SPARES
<y~
M/S ECO GREEN ENVIRON TECH SOLUTIONS LTD Ledger Account : 1-A~r-2022 to 31-Mar-2024 Page5
Date Particulars Vch Type Vch No. Debit Credit
Brought Forward 14,82,306.00 10,84,407.00
continued ...
cy'-\
BALAJI EARTHMOVERS AND HANLING SPARES
M/S ECO GREEN ENVIRON TECH SOLUTIONS LTD Ledger Account : 1-Apr-2022 to 31-Mar-2024 Page 8
Date Particulars Vch Type Vch No. Debit Credit
Brought Forward 27,00, 111.56 21,34, ➔ 07.00
conti1ued ...
-- - -· - ----~---
~
9,,,- s
BALAJI EARTHMOVERS AND HAN LING SPARES
M/S ECO GREEN ENVIRON TECH SOLUTIONS LTD Ledger Account : 1-Apr-2022 to 31-Mar-2024 Page?
Date Particulars Vch Type Vch No. Debit Credit
Brought Forward 21,91,156.16 11,84,407.00
continued ...
i.
, , :.-.~:'
<... _..,
0,,6'
BALAJI EARTHMOVERS AND HANLING SPARES
M/S ECO GREEN ENVIRON TECH SOLUTIONS LTD Ledger Account : 1-A~r-2022 to 31-Mar-2024 Page9
Date Particulars Vch Type Vch No. Debit Credit
Brought Forward 33, 19,044.70 21,3L,4Q7.Q0
cortinued ...
!'v\
BALAJI EARTHMOVERS AND HANLING SPARES
M/S ECO GREEN ENVIRON TECH SOLUTIONS LTD Ledger Account : 1-Apr-2022 to 31-Mar-2024 Page 10
Date Particulars Vch Type Vch No. Debit Credit
Brought Forward 38,51,359.58 21,34,407.00
continued ...
BALAJI EARTHMOVERS AND HANLING SPARES k' ~
M/S ECO GREEN ENVIRON TECH SOLUTIONS LTD Ledger Account : 1-Apr-2022 to 31-Mar-2024 P3ge 12
Date Particulars Vch Type Vch No. Debit Credit
Brought Forward 42,95,567.48 30,34.407.00
continued ...
ry°"
BALAJI EARTHMOVERS AND HANLING SPARES
M/S ECO GREEN ENVIRON TECH SOLUTIONS LTD Ledger Account : 1-Apr-2022 to 31-Mar-2024 Page 11
Date Particulars Vch Type Vch No. Debit Credit
Brought Forward 41,22,015.44 25,34,407.00
continued ...
3(l}}
BALAJI EARTHMOVERS AND HANLING SPARES
M/S ECO GREEN ENVIRON TECH SOLUTIONS LTD Ledger Account : 1-Apr-2022 to 31-Mar-2024 Page 13
Date Particulars Vch Type Vch No. Debit Credit
Brought Forward 45,53,352.64 34,34A07.00
contnued ...
BALAJI EARTHMOVERS AND HANLING SPARES
M/S ECO GREEN ENVIRON TECH SOLUTIONS LTD Ledger Account : 1-Apr-2022 to 31-Mar-2024 Page 14
Date Particulars Vch Type Vch No. Debit Credit
Brought Forward 10,77,218.64 1,50,000.00