Recovery Suite

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  IN THE COURT OF MS. , CIVIL JUDGE, PATIALA HOUSE CS NO. OF 2012 IN THE MATTER OF JASWANT SINGH PLAINTIFF VERSUS KULJEET SINGH DEFENDANT WRITTEN ARGUMENTS ON BEHALF OF THE DEFENDANT / COUNTER CLAIMANT MOST RESPECTFULLY SHOWETH , 1. That the plaintiff and the defendent entered into an agreement dated 20/4/2014 wherein the plaintiff agreed to sell his Ford Icon No. DL/4C-AF-0713 and defendent agreed to buy the said vehicle for a consideration amount of Rs. 3,65,000. The defendent also paid 40,000 in advance to the plaintiff which was to be returned within 6 months from the date of agreement. But the plaintiff did not return the said amount of Rs. 40,000 to the defendent till date. 2. The said vehicle was hypothecated with ICICI Bank for which loan amount was to be repaid to ICICI Bank in monthly installments of Rs. 9315 till March 2010. According to the agreement the defendant had to deposit monthly installment of Rs. 9315 in the saving Bank A/c No. 8116 bank of Baroda. 3. That at the time of agreement the due loan amount was Rs. 3,52,363.39/- to the ICICI Bank in monthly installments of Rs. 9315/-  4. That the defendant honoured the terms and conditions of the agreement and paid 41 installments of the loan amount. 5. The loan amount started from Dec. 2006 till March 2010. But sale agreement with the defendant /counterclaimant was signed on 20/4/06 . Therefore defandant was liable to pay installment from 1/5/06. 6. The plaintiff had financial crisis therefore cheques issued by the plaintiff in favour of ICICI Bank to repay the loan amount got bounced from the 2 nd  installment. As the plaintiff was unable to repay the loan instalment therefore he decided to sell the said vehicle. He contacted defendant who was also looking for to buy a car for his taxi business. It is pertinent to mention here that plaintiff and defendant both were running taxi business. Defandant has nothing to do with bounced cheques as he was supposed to pay his installment from 1/5/06 i.e sixth installments because the agreement was signed 20/4/06. 7. Plaintiff had melafide intension from the beginning only to extort money from the defendant/counterclaimant . 8. The plaintiff filed a frivolous recovery suit of Rs. 1,60,075 i.e rs. 1,04,000 at the time of booking of car and rs. 56,075 mentioned in para 9 of the plaint. Which is totally frivolous. The loan account state of plaintiff for find perusal of this Hon’ble court which makes it clear that all the installments were deposited in time. The plaintiff did not place any proof on record to prove that those installments are deducted by ECS from his account. 9. Defendant is not supposed to pay Rs. 1,04,000 to the plaintiff as the defendant is not concerned with the said amount which was paid at the time of booking of the said vehicle and it is also not mentioned in the agreement. The defendant followed the terms and conditions of the agreement and honestly paid the instalments. As per agreement first instalment which is sixth instalment of of plaintiff was paid in the saving a/c of plaintiff in Bank of Baroda.  After that the plaintiff introduced one Ravi Kumar , an agent of ICICI Bank to collect loan amount from defendant. There fore defendant paid 41 instalments in to repay the loan amount. 10. the plaintiff did not return rs. 40,000/- to the defendant within six months as per agreement. The defendant requested plaintiff several times to return Rs. 40,000/- but he did not pay any heed to the request of the defendant. 11. Most of all the suit is barred by limitation as the amount claimed in para 9 is due amount of year 2006-2007 and suit was filed in the year 2012. There fore the suit is liable to be dismissed on this ground. 12. The plaintiff claimed amount of Rs. 56,075 mentioned in para 9 of the plaint which is totally false. As per agreement the defendant claimed amount Sr. No. amount Rs. date 1. 9315 17.01.2007 2. 9315 15.02.2007 3. 9315 09.07.2007 4. 9500 15.04.2006 5. 9315 06.06.2006 6 9315 02.06.2006 The defendant paid all the instalments which is clear from the loan account statement of the plaintiff attached along with written arguments. All the receipts of the instalments are attached along with written statement of the defenedant / counter claimant. No instalment is deducted through ECS from the account of the plaintiff.  13. the plaintiff had never sufficient balance in his account which could be deducted by ECS. The account statement of the plaintiff of Bank of Baroda is on record funds insufficient’ is on the record for kind perusal of this hon’ble court.  14 the defendant / counter claimant paid 41 instalments of Rs 9315/- each , the total of which is Rs. 3,81,915/-. the defendant also paid Rs. 40,000/- in advance as per agreement . Therefore the total amount paid by the defendant was Rs. 4,21,915/-. But the said vehicle was sold for consideration amount of Rs. 3,65,000/- 15. The defendant / counter claimant has already paid Rs. 69,552/- in excess of the sale consideration amount. The counter claimant / defendant is entitled to claim of Rs. 69,552/- from the plaintiff/defendant. The cost of counter claim be also awarded to the defendant / counter claimant The suit of the defendant being false and frivolous be dismissed with heavy cost I According to agreement defendant was supposed to pay Rs. 3,65,000/- which was Consideration amount of sale of care which was to be paid in monthly instalment Of Rs. 9315/-. 11. The plaintiff claimed Rs. 1,04,000 + 56,075. Total amount 1,60,075 which is false and claimed to extort money from the defendant. Defendant has nothing to do with amount Rs. 1,04,000 which was paid by the paintiff at the time he booked car and it was not mentioned in the terms and conditions of agreement daed 20/4/2006 ( Agreement on record )


Jul 23, 2017
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