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Plaintiff:
A.V.Raveendranatha Kamath
Vs.
Defendant:
The Varthaka Mandal Nidhi Ltd.
Plaintiff:
A.V.Raveendranatha Kamath, aged 73,
S/o. Vasudeva Kamath, House No. 6/1828,
Palace Road, Cochin 682 002.
Vs.
Defendant:
The Varthaka Mandal Nidhi Ltd, a public limited
company incorporated under the Companies Act, 1956
with its registered office at XL/6013, T.D.Shopping Complex, T.D.West Road,
Ernakulam, Cochin 682 035, rep. by its
Managing Director, name and fathers name not known.
discharge of his duties which necessitated his dismissal from the company. The averments in
Paragraph 8 of the plaint that the plaintiff was not fired and that he had approached the
management of the defendant company with respect to the payment of the aforementioned
amount of Rs. 2, 63, 500/- is totally denied and are false.
10. The averments in Paragraph 11 of the plaint that the Managing Director of the defendant
company had flatly refused to pay back the money allegedly deposited as security by the
plaintiff are totally false and it would be prudent to further reiterate that the money was paid
by the plaintiff in a bid to cover the losses incurred by the company due to the gross
misconduct on the part of the plaintiff and there was never any consensus ad idem with
respect to the said amount being treated as security. It is also reiterated that the fraud was
discovered due to the efforts of the defendant company in the course of a routine
investigation otherwise the plaintiff would have continued to collude with the suspect in
cheating the company out of significant amount of money.
11. The defendant would further like to humbly submit that the plaintiff has no legal right to
file the present suit as there does not arise any cause of action for initiating the suit. It is
further submitted that the cause of action alleged to be arising on 25.10.2006 and issuance of
legal notice on 16.09. 2009 and subsequent dates as mentioned in the averments in Paragraph
13 of the plaint are totally false and misleading.
WHEREFORE, the defendant prays that, this Honble Court may be pleased to dismiss
the plaint filed by the plaintiff and pass any other relief which this Honble Court may deem
fit in accordance with law in the interest of justice and equity.
Place:
Date:
VERIFICATION
I,_________________ of the defendant in the above case do hereby declare that what is
stated above are true to the best of my knowledge, belief and information.
Date:
Defendant