IN THE COURT OF HON’BLE MS.

AAKRITI VERMA, CJ(JD)

GURUGRAM, HARYANA.
COUNTER CLAIM NO. OF 2019
In
C. S. No. 21251 OF 2014

IN THE MATTER OF:

AMERICAN PRECOAT SPECIALITY PVT. LTD.

...Counter Claimant

Versus

NEXTRA TELESERVICES PVT. LTD.

...Respondent/ plaintiff

REPLICATION ON BEHALF OF COUNTER CLAIMANT TO

REPLY THE WRITTEN STATEMENT FILED BY THE
RESPONDENT/ PLAINTIFF.

REPLY TO THE PRELIMINARY OBJECTIONS:

1. That the paragraph no.1 of the preliminary objections of Written

Statement of respondent/ plaintiff is false and wrong, hence

denied. Because the Counter Claim filed by the Counter

Claimant titled “American Precoat Speciality Pvt. Ltd. vs. Nextra

Teleservices Pvt. Ltd.” was duly allowed by this Hon’ble Court

vide order dated 15.01.2019 and 30.01.2019 in Civil Suit

No.21251 of 2014 titled Nextra Teleservices Pvt. Ltd . vs.

Sriram Compounds Pvt. Ltd. and allowed the Counter Claimant

to file a separate counter claim and to pay appropriate Court

Fee thereon. Hence the present Counter Claim has been filed

separately as earlier counter claim was mixed with written

statement which was also permissible under the law.

2. That the paragraph no.2 of the preliminary objections of Written

Statement of respondent/ plaintiff is false and wrong, hence

denied. It is respectfully submitted that the Counter Claim has

been filed on the basis of acknowledged terms and conditions

of service to be rendered to the Counter Claimant, however no

such service were ever rendered as committed by the

respondent/ plaintiff to the Counter Claimant and consequently

the Counter Claimant has suffered huge loss due to lack of

services, hence filed the present Counter Claim.

3. That the paragraph no.3 of the preliminary objections of Written

Statement of respondent/plaintiff is false and wrong, hence

denied. It is incorrect that the Counter Claim has been filed to

delay the adjudication of the Suit No.21251 of 2014.

4. That the paragraph no.4 of the preliminary objections of Written

Statement of respondent/ plaintiff is false and wrong, hence

denied. It is incorrect that the Counter Claim is barred by the

law of limitation, it is well within the limitation as it was jointly

filed with the written statement by the Counter Claimant in the

Suit No.21251 of 2014. Later on, this Hon’ble Court has granted

the liberty to the Counter Claimant to file the separate Counter

Claim vide its Order dated 15.01.2019. It is also incorrect that

the Counter Claimant has not filed any Court-fee, it is

respectfully submitted that the Counter Claimant has filed

appropriate Court-fee with application valued on the amended

value of the Counter Claim and the same has been allowed by

this Hon’ble Court vide Order dated 07.12.2019.

5. That the paragraph no.5 of the preliminary objections of Written

Statement of respondent/ plaintiff is false and wrong, hence

denied. It is incorrect that the counter claim for damages and

losses and for compensation etc. as claimed is barred by the

doctrine of remoteness and against the provisions of section 73

if Indian Contract Act, 1872.

6. That the paragraph no.6 of the preliminary objections of Written

Statement of respondent/plaintiff, is false wrong, hence denied.

It is respectfully submitted that the Counter Claimant has filed

its claim on merit and on the basis of breach of acknowledged

terms and conditions to render the services to the Counter

Claimant as explained in the counter claim in detail.

REPLY TO THE PARAWISE REPLY:

1. That the contents of paragraph number 1 of the Parawise reply

of written statement of respondent/ plaintiff are vehemently

denied by the Counter Claimant and those contained in the

corresponding paragraphs of the Counter Claim are reiterated

as true and correct.

2. That the contents of paragraph number 2 of the Parawise reply

of written statement of respondent/ plaintiff are vehemently

denied by the Counter Claimant and those contained in the

corresponding paragraphs of the Counter Claim are reiterated

as true and correct.

3. That the contents of paragraph number 3 of the Parawise reply

of written statement of respondent/ plaintiff, are vehemently

denied by the Counter Claimant and those facts contained in

the corresponding paragraph no. 3 of the Counter Claim, are

reiterated and reaffirmed as true and correct.

4. That the contents of paragraph number 4 of the Parawise reply

of written statement of respondent/ plaintiff, are vehemently

denied by the Counter Claimant and those facts contained in

the corresponding paragraph no. 4 of the Counter Claim are

reiterated and reaffirmed as true and correct. The respondent/

plaintiff has admitted that he had offered the Customer

Relationship Form to the Counter Claimant. This Customer

Relationship Form was a proposal to the Counter Claimant and

this Customer Relationship Form was signed by both the

parties i.e. the Counter Claimant as well as the respondent/

plaintiff, which made it into a Contract for rendering of services

as per terms and conditions of the Customer Relationship

Form to the Counter Claimant by the respondent/ plaintiff

against the receiving of the payment from the Counter

Claimant. The respondent/ plaintiff, has committed breach of

contract and has not provided services as were agreed.

Therefore, the counter claimant suffered huge losses and

damages on account of breach of contract.

5. That the contents of paragraph number 5 of the Parawise reply

of written statement of respondent/ plaintiff, are wrong, hence

denied and regarding the contract between the parties

contained in the customer relationship form was not adhered

by the respondent/ plaintiff and due to such breach of contract,

the counter claimant is entitled for the relief as prayed in the

counter claim.

6. That the contents of paragraph number 6 of the Parawise reply

of written statement of respondent/ plaintiff, are vehemently

denied by the Counter Claimant and those facts contained in

the corresponding paragraph no. 6 of the Counter Claim are

reiterated and reaffirmed as true and correct. It is incorrect that

the Respondent/ plaintiff have provided the services as per

term and condition of the contract without any complaint. It is

incorrect that the counter claimant is creating the alleged story

only to evade the payment. It is submitted that the respondent/

plaintiff, had committed breach of contract and such conduct of

respondent/ plaintiff, caused huge losses to the counter

claimant for which the present counter claim was filed.

7. That the contents of paragraph number 7 of the Parawise reply

of written statement of respondent/ plaintiff, are vehemently

denied by the Counter Claimant and those facts contained in

the corresponding paragraph no. 7 of the Counter Claim are

reiterated and reaffirmed as true and correct. The Counter

Claimant Company is relying its reply as mentioned in

aforesaid paragraphs and not repeating the same here for the

sake of brevity.

8. That the contents of paragraph number 8 of the Parawise reply

of written statement of respondent/ plaintiff, are vehemently

denied by the Counter Claimant and those facts contained in

the corresponding paragraph no. 8 of the Counter Claim are

reiterated and reaffirmed as true and correct. The Counter

Claimant Company is relying its reply as mentioned in

aforesaid paragraphs and not repeating the same here for the

sake of brevity.

9. That the contents of paragraph number 9 of the Parawise reply

of written statement of respondent/ plaintiff, are vehemently

denied by the Counter Claimant and those facts contained in

the corresponding paragraph no. 9 of the Counter Claim are

reiterated and reaffirmed as true and correct. It is incorrect that

the Counter Claimant has never suffered any such alleged loss

against the Respondent/ plaintiff. It is respectfully submitted

that due to breach of contract by the respondent/ plaintiff, the

counter claim was filed giving the specific instances in the

counter claim and also pleading the losses which has been

suffered by the counter claimant.

10. That the contents of paragraph number 10 of the Parawise

reply of written statement of respondent/ plaintiff, are

vehemently denied by the Counter Claimant and those facts

contained in the corresponding paragraph no. 10 of the

Counter Claim are reiterated and reaffirmed as true and

correct. It is respectfully submitted that the dedicated internet

lease line was not commissioned and thus no service was

provided.

11. That the contents of paragraph number 11 of the Parawise

reply of written statement of respondent/ plaintiff, are

vehemently denied by the Counter Claimant and those facts

contained in the corresponding paragraph no. 11 of the

Counter Claim are reiterated and reaffirmed as true and

correct. It is submitted that since the respondent/ plaintiff, did

not act as per contract and the dedicated internet lease line

was not commissioned, therefore, no service was provided as

per terms of the contract. Hence, present counter claim is well

maintainable, and decree may be passed as prayed for.

12. That the contents of paragraph number 12 of the Parawise

reply of written statement of respondent/ plaintiff, are

vehemently denied by the Counter Claimant and those facts

contained in the corresponding paragraph no. 12 of the

Counter Claim are reiterated and reaffirmed as true and

correct.
13. That the contents of paragraph number 13 of the Parawise

reply of written statement of respondent/ plaintiff, are

vehemently denied by the Counter Claimant and those facts

contained in the corresponding paragraph no. 13 of the

Counter Claim are reiterated and reaffirmed as true and

correct. The counter claimant is entitled for interest as prayed

for.

14. That the contents of paragraph number 14 of the Parawise

reply of written statement of respondent/ plaintiff, are

vehemently denied by the Counter Claimant and those facts

contained in the corresponding paragraph no. 14 of the

Counter Claim are reiterated and reaffirmed as true and

correct. It is submitted that the cause of action arose on

various occasions against the respondent/plaintiff, and is still

continuing to take cognizance by this Hon’ble Court being

having the territorial jurisdiction to pass a decree against the

Respondent/ plaintiff as prayed in the Counter Claim. The

original counter claim which was filed mixed with written

statement shall be taken into consideration for counting the

limitation which was well within the period of limitation. The

separate counter claim was filed in continuity to the original

counter claim which was mixed with the written statement of

the counter claimant. Therefore, there is no delay in filing

counter claim nor barred by limitation.

15. That the contents of paragraph number 15 of the Parawise

reply of written statement of respondent/ plaintiff, are

vehemently denied by the Counter Claimant and those facts

contained in the corresponding paragraph no. 15 of the

Counter Claim are reiterated and reaffirmed as true and

correct. It is respectfully submitted that the Counter Claimant

has filed appropriate Court-fee with application valued on the

amended value of the Counter Claim and the same has been

allowed by this Hon’ble Court vide Order dated 07.12.2019.

Court fee filed has already been taken on record and in judicial

file.

16. That the contents of paragraph number 16 of the Parawise

reply of written statement of respondent/ plaintiff for the

jurisdiction of this Hon’ble Court is still open for deciding on

merits after leading evidence by the both parties in the issue of

the jurisdiction.

17. That the contents of prayer clause of written statement of

respondent/plaintiff, are vehemently denied by the Counter

Claimant. The Counter Claimant Company is relying its reply

as mentioned in aforesaid paragraphs and not repeating the

same here for the sake of brevity. In view of the present facts

and circumstances, the Counter Claim of the Counter Claimant

Company may be decreed as prayed for.

Counter Claimant
VERIFICATION:

Verified on 07.01.2020 at Gurugram, that the contents of

paragraphs 1 to 6 of reply to preliminary objection and

paragraphs 1 to 16 of reply to reply on merits are true and

correct to the best of my knowledge and belief and also as per

record which I have gone through. Paragraph 17 is prayer

clause for passing the decree as prayed in the counter claim.

Nothing material has been concealed therefrom.

Counter Claimant
IN THE COURT OF HON’BLE MS. AAKRITI VERMA, CJ(JD)
GURUGRAM, HARYANA.
COUNTER CLAIM NO. OF 2019
In
C. S. No. 21251 OF 2014

IN THE MATTER OF:

AMERICAN PRECOAT SPECIALITY PVT. LTD.

...Counter Claimant
Versus
NEXTRA TELESERVICES PVT. LTD.
...Respondent/ plaintiff
AFFIDAVIT

I, Ms. Sharmishtha Sharma Authorized Director, aged about

65 years, D/o Late Sh. R.B.Lal Sharma R/O. A-29, Sector-19, Noida-
201301 having my office at A-15, Flatted Factory Complex, Okhla,
New Delhi 110020, do hereby solemnly affirm and state as under:-

1. That I am being the authorized Director of the Defendant

Company in the instant matter, competent to file & depose this
affidavit being conversant with the facts of the case.

2. That the contents of the accompanying replication are true and

correct to the best of my knowledge & belief and has been
drafted by my counsel under my instructions. The said contents
are not repeated herein for the sake of brevity and the same may
be treated as part and parcel of this affidavit.
Deponent

VERIFICATION:
Verified at Gurugram on 07.01.2020 that the contents of the
above affidavit are true and correct to the best of my
knowledge. Nothing materials has been concealed therefrom.

Deponent

IN THE COURT OF HON’BLE MS. AAKRITI VERMA,

CJ(JD) GURUGRAM, HARYANA.
COUNTER CLAIM NO. OF 2019
In
C. S. No. 21251 OF 2014

IN THE MATTER OF:

AMERICAN PRECOAT SPECIALITY PVT. LTD.

...Counter Claimant
Versus
NEXTRA TELESERVICES PVT. LTD.

...Respondent/ plaintiff

N.D.O.H.:07.01.2020

Sr.No. Particulars Pages

1. REPLICATION ON BEHALF OF 1-11

COUNTER CLAIMANT TO REPLY THE
WRITTEN STATEMENT FILED BY THE
RESPONDENT/PLAINTIFF WITH
AFFIDAVIT.

H.K. LAW OFFICES

Filed By:

GURUGRAM
Dated: 07.12.2019 (H.K. Chaturvedi & Sagar Chaturvedi)
Advocates for the Defendant
Off:-T-4/1303,SupremeTower,
Sec. 99, Noida Mob:9811035762
Email:[email protected]