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Memorial for Defendant

IN THE HON’BLE CIVIL COURT OF ZOME

Appeal No. ___/2019

Bombay Sapphire………………………..Plaintiff

v.

Ganesh Gaitonde…………………………Defendant
INDEX OF ABBREVIATIONS
INDEX OF AUTHORITIES

TABLE OF CASES
 BOOKS REFFERED

RESEARCH DATABASE

STATUTES
 STATEMENT OF JURISDICTION
The Defendant most humbly and respectfully submits to the jurisdiction of this Hon’ble Civil
Court of Zome that the Defendant is a resident of Zome and the cause of action has also
arisen in Zome. Therefore, this Hon'ble Court of Zome has within its jurisdiction the
authority to try, entertain, decide and dispose of the present Suit.
 STATEMENT OF FACTS

 Bombay Sapphire is a company in the city of Zome of Indistan, where laws are upon
the same subject as in India. The company is concerned with the business of export
and import of sports equipment and has many warehouses situated across the city of
Zome. Mr Ganesh Gaitonde is the M.D. of this company. Yagermister is another
company hired by Bombay Sapphire for the maintanence of its warehouses and the
same is done by the former by 18th of every month and the pre-decided amount by the
two companies is being paid in every six months. The contract for services between
the two companies gets renewed periodically and is continued till date.

 According to the clause 8 of annexure 1 of the contract between the two, the
respective Managing Directors of the companies have power to change the pre-
decided amount in case of extraordinary circumstances without the same being
approved by other directors. On observing a significant rise in their operating cost at
the time of half yearly payment Yagermister sought to raise the bills fraudulently and
approached Mr Ganesh Gaitonde, outside his business time, and offered personal
kickbacks to make him sign the bills as the bills are compulsorily required to be
signed by him. Mr Ganesh Gaitonde did not respond but signed the bill as a normal
procedure.

 On checking the bills other directors of Bombay Sapphire realised that the amount has
been raised without any prior consultation with them and alleged Negligence, Fraud
and Civil Conspiracy on part of the M.D. Mr Ganesh Gaitonde in response excused
role of unforeseen rise in operating cost of Yagermister in company’s smooth
working. In an official enquiry by other directors, they found some unaccountable
income with the manager, demanded his resignation and return of additional amount,
but were unable to prove that the M.D. has received personal kickbacks from
Yagermister. The M.D. refused to agree with both the demands.

 Board of Directors of Bombay Sapphire sued the M.D. seeking raised amount back
and additional damages. Mr Ganesh Gaitonde filed a counter claim against the
company for loss of reputation and seeking damages for Defamation, additionally
arguing Vicarious Liability on part of the company.
SUMMARY OF PLEADINGS