IN THE HON’BLE COURT OF _______________ CIVIL SUIT NO.
________
IN THE MATTER OF
SOLELOVE LLP ...PLAINTIFF
VERSUS
RANA & CO. ...DEFENDANT
REPLY ON BEHALF OF THE DEFENDANT TO THE APPLICATION
FILED BY THE PLAINTIFF FOR LEAVE TO AMEND
MOST RESPECTFULLY SHOWETH:
That, the Defendant is filing the present Reply in opposition to the Plaintiff’s
Application for Leave to Amend. The contents of the Written Statement filed on
_____ by the Defendant may be read as part and parcel of this Reply.
PRELIMINARY OBJECTIONS:
1. That, The present Application is frivolous, malafide, and filed at a belated
stage solely to delay the trial, causing irreparable injury to the Defendant.
2. The amendments sought by the Plaintiff materially alter the nature of the suit
by introducing new claims and changing the original stance of the Plaintiff,
which is impermissible in law.
3. The Plaintiff has failed to provide any cogent reason as to why these
amendments were not included in the original suit, despite having had ample
opportunity to do so earlier. Permitting such an amendment at this stage would
severely prejudice the Defendant’s case.
4. The proposed amendment regarding an increase in interest from 18% to 19%
per annum is arbitrary and baseless. Such an amendment amounts to an unjust
enrichment attempt by the Plaintiff, lacking any contractual or legal
foundation.
5. The Plaintiff’s attempt to introduce additional paragraphs regarding the
Defendant’s acknowledgment of goods received and the alleged absence of
complaints regarding defective goods is factually incorrect and misleading.
This change directly contradicts the defense raised by the Defendant in its
Written Statement and would unfairly disadvantage the Defendant if
permitted.
PARA-WISE REPLY:
7. With respect to the amendment regarding an increase in the interest rate
from 18% p.a. to 19% p.a.: a) The Defendant strongly objects to this
amendment as it is arbitrary, unilateral, and unsupported by any agreement or
contract between the parties. b) There exists no contractual clause providing for
an interest rate higher than 18% p.a. Any unilateral increase is unjustified and
against the principles of natural justice. c) The amendment is an afterthought to
unjustly burden the Defendant and should therefore be rejected.
8. With respect to the amendment inserting a paragraph that the Defendant
acknowledged receipt of goods sold: a) The Defendant categorically denies such
an acknowledgment. The Plaintiff has not provided any credible evidence to
substantiate this claim. b) The Defendant was coerced into receiving certain
consignments due to the Plaintiff’s agent’s threats that the business contract would
be canceled. c) The Defendant has consistently raised disputes regarding the
quality and quantity of the goods supplied. d) Permitting this amendment would
unfairly prejudice the Defendant and distort the original case.
9. With respect to the amendment stating that there was no communication
from the Defendant regarding defective goods: a) This assertion is false and
misleading. The Defendant has repeatedly communicated concerns regarding the
quality of goods supplied by the Plaintiff. b) Several emails and correspondences
highlighting defects and discrepancies in the goods were sent by the Defendant,
which will be produced as annexures in support of this reply. c) The Plaintiff’s
failure to acknowledge such complaints in the original suit and its attempt to
introduce this amendment at this stage is indicative of bad faith.
HARDSHIP TO THE DEFENDANT:
10. If the amendments are allowed, the Defendant will suffer undue hardship as: a) It
will alter the fundamental nature of the suit, putting the Defendant at a
disadvantage. b) The Defendant will be forced to rework its entire defense
strategy, leading to unnecessary delays and costs. c) The Plaintiff, on the other
hand, will suffer no such harm if the amendment is dismissed as the original
pleadings already encompass all material aspects necessary for adjudication.
PRAYER:
11. In light of the above, the Defendant respectfully prays that this Hon’ble Court:
a) Dismiss the Plaintiff’s Application for Leave to Amend with exemplary costs;
b) Pass any other order that this Hon’ble Court deems fit and proper in the interest
of justice.
AND FOR THIS ACT OF KINDNESS, THE DEFENDANT AS IN DUTY
BOUND SHALL EVER PRAY.
Date: ________
Place: ________
(DEFENDANT’S COUNSEL)
Adv. Shraddha Chughra
