IN THE COURT OF THE PRINCIPAL CITY CIVIL JUDGE

AT BANGALORE

ORIGINAL SUIT No. 6572 of 2019

BETWEEN

Mr. Abhinav Khare

S/o. Mr. Awadhesh Khare
Aged about 37 years
Residing at Prestige Acropolis
Hosur Rand, Koramangala
Bangalore: 560 029 PLAINTIFF

AND

Ms. Sonam Mahajan

W/o Mr. Saurabh Gusain
Aged about 31 years
Residing at 212, Nandana Greens
2nd Main, Someshwara Layout
Bengaluru 560 076

Also residing at:

No 203, Dwarkamayee 2nd Cross Road

Sundar Ram Shetty Nagar, Bilekahalli
Opposite Gayatri Pearl Apartments
Bangalore 560 076

And

NC Traders, Opposite Bhatia Cloth house

Near SBI, Rajouri
Jammu and Kashmir.

And

Adda Villa, Lower Kaithu

Shimla Urban 171 003
Himachal Pradesh DEFENDANT

MEMORANDUM OF PLAINT FILED UNDER ORDER VII RULE 1 READ WITH

SECTION 26 OF THE CODE OF CIVIL PROCEDURE 1908

I, The Plaintiff above named most respectfully submits as follows:

ADDRESS FOR SERVICE

1. The addresses of the Plaintiff and the Defendant for the purposes of issuance of
notices, summons etc, by this Hon'ble Court are as stated above. The Plaintiff may
also be served through his Counsel, M/s. NDS Law Partners, Attorneys at Law, C-5
Rich Homes, 5/1 Richmond Road, Bangalore 560 025.

STATEMENT OF FACTS

2. I state that, I am employed with Asianet News Media and Entertainment Private
Limited since December 2018 as its Chief Executive Officer (CEO). I have studied
my Masters in Business Administration (MBA) from London Business School,
Masters in Science (MS) from ETH, Zurich, which are some of the world's most
premier educational institutions. As on the date of this suit, the said institutions are
ranked 4 and 6, respectively, in the list of world's top- most universities in their
respective fields.

3. Prior to my employment with Asianet News Media and Entertainment Private

Limited, I was employed with Jupiter Capital Private Limited as Chief of Staff.
Before working with Jupiter Capital and its group companies, I had launched multiple
start-ups, including a startup which was in the business of beauty and wellness where
more than seventy percent of the staff were female. Throughout my professional
tenure, I have always been supportive of my female employees and maintained a very
cordial professional relationship with them. In turn, I have always been respected and
trusted by my female colleagues, as also my male colleagues.

4. Through years of hard-work and dedication and in light of my aforementioned

educational and professional background, I have earned an eminent position, and
recognized as a highly educated and successful figure, amongst prominent social,
business and networking circles throughout the world. I am well respected and sought
after amongst my peers and within and outside of my industry domain.

5. I state that, I am married and I have two daughters, currently aged 3 years and 7 years,
respectively. Although both the Plaintiff and me and my wife are from conservative
family backgrounds, they are part of several different social circles involving
families/relatives, friends, and social and professional acquaintances, in India and
abroad. Me and my wife are highly respected amongst the said social circles,
individually and as a family. Me and my wife originally hail from Bhopal and our
parents and extended family reside thereat.

6. I state that my personal and professional networks extend to various parts of the world
such as Singapore, United Kingdom, United States of America, Europe, UAE, to
name a few, and I am held in high esteem in such networks. Suffice it is to say that I
not only enjoy immense reputation in India, but my reputation extends beyond the
territory of India as well. It is highly relevant to note that I am of 37 years of age as at
the date of the suit and has managed several accomplishments and accolades at such
an early age.

7. In the above stated context, I state that I came across an opportunity to work with
Jupiter Capital Private Limited in the year 2016. Being highly impressed with my
credentials, capacities, capabilities and reputation, I was employed during September
2016 as the 'Chief of Staff at Jupiter Capital Private Limited, it being a highly
 prestigious post involving multitudes of highly complicated deliverables having
significant bearing on the organization. One such deliverable involved interacting
with personnel and consultants of certain group entities of Jupiter capital Private
Limited.

8. In regard to the preceding paragraph, it is relevant to submit that one of the group
entities with which I frequently interacted was Namma Bengaluru Foundation
("NBF"), which is a not-for-profit organization involved, for the last ten years, in
empowering and creating a platform to scale individual contributions to generate
sustainable and impactful improvements to the city of Bangalore. Jupiter Capital
Private Limited, as part of its CSR activities donated, as its principal donor,
substantial amount of money to NBF to facilitate NBF's operations. Therefore, in the
course of discharging my employment obligations, I interacted with personnel and
consultants of NBF with respect to various activities undertaken by it, given that NBF
was the donce entity of Jupiter capital Private Limited and it was for the Plaintiff to
oversee the application of the donations suitably for the activities of NBF.

9. In the course of discharging my duties, I interviewed Ms. Sonam Mahajan, the

Defendant herein, who was sought to be engaged at NBF as a consultant. Thereafter,
the Defendant was engaged as a consultant of NBF and NBF entered into necessary
consultancy contract with her on October 09, 2017.

10. As aforementioned, I state that I interacted with various personnel of NBF and other
group entities of Jupiter Capital and also interacted with the Defendant on certain
matters. Much to my shock, in about a month of having engaged with NBF, the
Defendant raised a complaint ostensibly for "borderline mental and sexual
harassment" against me. The said complaint was filed a day after I had a telephonic
discussion with NBF, in the presence of one Mr. Suryanarayana Raju, regarding the
proposed termination of the Defendant's engagement with NBF due to performance
and discipline issues. The said complaint was sent to the Chairman of the Jupiter
Group who in turn deemed it appropriate to forward it to the then Chief Executive
Officer of NBF, him being the organizational head for NBF.

11. I state that the above-mentioned complaint made against me was absolutely false and
vexatious, and made with ulterior motives, as would become clear on a reading of
succeeding paragraphs.

12. The Chief Executive Officer of NBF, having so received the complaint, chose to
constitute a committee to look into the frivolous and vexatious complaint of the
Defendant on the premise that the said complaint was within the purview of the
provisions of the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013.

13. The aforesaid committee conducted its inquiry wherein almost all the employees of
NBF and employees of other organization working in the same building were inquired
about the allegations in the complaint. Such inquiry also extended to certain former
employees of NBF. In this manner, my reputation was maligned and tarnished before
my fellow workmen, which included those who were subordinate to me and others
who were not reporting to the me. The said incident also had the effect of the said
 persons looking down upon me and not treating me with respect, thereby affecting my
dignity and self- esteem.

14. I state that I also learnt that the information relating to the malicious complaint of the
Defendant was no longer confined to the knowledge or information of the
aforementioned persons, but had spread to various other persons and that I could not
exercise any manner of control against such dissemination of information by third
parties.

15. I state that I had at all times kept my wife informed about the complaint and the
allegations made therein. Being well aware of my character and conduct and that I
was not capable of actions such as those alleged in the complaint and also those
alleged in the subsequent improvised statements that the Defendant made during the
course of the enquiry in proceedings of the aforementioned committee, my wife stood
by me at all times and extended moral support throughout.

16. I state that the aforesaid committee concluded its inquiry and submitted its erroneous
report dated June 21, 2018 to NBF with its erroneous recommendations against me
and in favor of the Defendant herein.

17. I state that the aforesaid committee was constituted in contravention of the provisions
of the Act and was, thus, illegal. Through its communications to me, the said
committee had given me a wrong impression that it was a committee constituted
under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 and that it was undertaking the proceedings under the said Act.

18. I state that given the above-mentioned illegality perpetrated by NBF in so far as it
relates to the constitution of the committee above mentioned and the usurpation of
powers illegally by the said committee; the act of keeping me in the dark of the
legality of the constitution of the said committee; and inquiry proceedings resultantly
carried out by the said illegal committee leading to submission of the erroneous report
dated June 21, 2018, I had no option but to approach the Hon'ble City Civil Court,
Mayo Hall Unit, Bangalore against NBF and the Defendant herein by filing O.S.
No.26179/2018 and therein seeking declaration that the constitution of the committee
by NBF was bad in law and consequently, that all proceedings held by the said
committee were illegal and null and void.

19. I state that along with the aforesaid suit, I also filed an interlocutory application
seeking an ex-parte ad interim order of temporary injunction restraining NBF and the
Defendant from communicating to any third- party or the general public either orally,
in writing or in any form of graphical representation, or in any manner whatsoever,
either in the offline media, in-person discussions or through any online medium, any
information regarding the complaint filed by the Defendant with NBF against me and
proceedings of the committee constituted by NBF, pending adjudication and disposal
of the said suit.

20. I state that that the Hon'ble Court was pleased to grant an ex-parte ad interim Order on
September 29, 2018 in terms of the relief sought vide the aforesaid application. Notice
of the said suit and application was also issued to NBF and the Defendant, who
entered appearance thereafter and filed their respective pleadings.
21. I state that in spite of the aforesaid interim Order having been granted against the
Defendant, the Defendant blatantly and contumaciously violated the same by (i)
openly publishing sensitive and confidential information relating to the court
proceedings and report of the aforementioned committee to third parties through
various media, and (ii) openly naming me on different fora, including Twitter and
various media platforms, and publicly making defamatory and slanderous allegations
against me.

22. I state that the Defendant was well aware that she was bound by an order of injunction
of this Hon'ble Court not to publicly disclose matters relating to her complaint or her
proceedings / report of the committee. Therefore, in order to avoid attracting an action
for violation of the interim order, the Defendant chose to use the micro- blogging
platform, Twitter to illegally disseminate information that she was expressly
restrained from disclosing by the Court.

23. I state that the modus operandi adopted by the Defendant was to publish on Twitter
her ostensible grievance / predicament arising out of the aforementioned interim
order, and inciting her followers on Twitter to gather and publish information about
the aforementioned suit filed by me and the interim order passed therein, and in the
said manner, directly make known to everyone that her complaint regarding sexual
harassment were made against none other than me who had filed the said suit.

24. I state that it is clear from the foregoing that the Defendant in a highly tactful and
surreptitious manner, violated the interim order passed by this Hon'ble Court by
ensuring that the quintessential information that she was prohibited/restrained by an
order of this Hon'ble Court from disclosing, was made public and widely circulated
and my reputation was severely maligned and I was humiliated in the eyes of the
public. I state that I reasonably believe that the Defendant actively aided those who
decimated the information of the Court proceedings aforementioned, by disclosing to
such persons the specific details relating to the suit and the Court where it was filed.

25. I state that due to the aforementioned actions of the Defendant, within no time, my
name came to be circulated widely on the World Wide Web (internet) in relation to
the matter of the false sexual harassment complaint filed by the Defendant, and I
came to be characterized online as a sexual predator, for absolutely no fault of mine.
It is relevant to submit that the above actions of the Defendant were made in the
backdrop of the "Metoo" movement, that was popular on the internet at this point of
time, lending more public outrage against me. Needless to mention, the Defendant
took advantage of the "Metoo" movement to sensationalize this issue and bring
further disrepute to me.

26. I state that more importantly, my immediate family, being my parents, siblings, in-
laws and my social and professional networks across the world were suddenly
exposed to the falsehood that the Defendant was successful in publishing to the entire
world against me. Immediately, me and my wife started receiving innumerable
number of calls, messages and emails from various quarters and me and my family
had to endure the agonizing process of repeatedly explaining to each such person the
background to the malicious complaint of the Defendant and attempting to prove my
innocence.
27. I state that I continued to receive calls and messages of the nature aforementioned for
over a year and that I experienced incalculable and unmeasurable mental agony, pain
and suffering seeing my hard- earned image and reputation having been tainted and
virtually destroyed.

28. I state that the Defendant resorted to disseminating the aforementioned false
information about me and publicly defaming and humiliating me with the sole
intention of pressurizing me into agreeing to arrive at an unholy settlement with the
Defendant by paying exorbitant extortionist amounts demanded by the Defendant,
which I declined to agree to. The Defendant also attempted to have third party reach
out to the Chairman of Jupiter Capital Private Limited to broker a settlement in
exchange for money, which was declined at the behest of mine. The Defendant's
actions as aforementioned were a pathetic, convoluted, mischievous and malicious
attempt to threaten me with public shaming on the Defendant's irrational premise and
assumption that I would accede to such illegal demands under threats aforementioned.
Such conduct on the Defendant's part clearly demonstrates mala fides and ulterior
motives for unjust enrichment.

29. I state that it is clear from the preceding paragraph that when I did not agree to the
Defendant's illegitimate demands, nor bow down to her threats and extortionist
tactics, that the Defendant proceeded with actuating/executing her threats into
tangible actions by orchestrating the publication of the aforementioned information
relating to her complaint and the proceedings/report of the committee, being
information that she was expressly restrained from disclosing by an order of this
Hon'ble Court.

30. I state that in addition to the above, the said issue also came to be published in online
news media platforms, such as The Wire, The NewsMinute and The Logical Indian,
amongst others. All the articles published by the said online news media platforms
received information directly from the Defendant and proceeded to publish highly
fallacious, derogatory and defamatory articles against me, falsely alleging sexual
misconduct against the Defendant and showing me in bad light. The said online news
media platforms are immensely popular and have a significant readership across the
globe and the articles derogating and defaming me were also, thus, available for
viewing worldwide, thereby helping the Defendant to defame me even further.

31. I state that in view of the aforesaid illegal conduct of the Defendant, I was constrained
to cause the issuance of a legal notice against the Defendant-To be on October 22,
2018, calling upon the Defendant to comply with the demands therein. I had also
called upon Twitter to remove all objectionable and defamatory material against me
that was posted by the Defendant, but did not receive any favourable response thereto.

32. I state that despite having received the aforesaid legal notice, the Defendant not only
failed to respond to the same, but also failed to comply with the demands made
therein. Instead, the Defendant continued with her tirade of defaming me.
Consequently, the aforesaid defamatory and libelous content against me continues to
be publicly accessible and available to the general public till date. That apart, the
Defendant has also resorted to further defaming me publicly by continuing to publish
highly derogatory and untrue allegations against me on social media platforms and
 other online platforms. Thus, I have been further defamed at the hands of the
Defendant after the issuance of the legal notice aforementioned.

33. I state further that, having failed to coerce any extortionist settlement from me, the
Defendant started threatening to initiate a separate police complaint unless I agreed to
arrive at a settlement with the Defendant. Since I had already borne the brunt of the
illegal actions of the Defendant, I refused to enter into any settlement with the
Defendant. Resultantly, the Defendant proceeded to file a false and vexatious police
complaint against me before the Basavanagudi Police Station on November 15, 2018.
However, upon detailed investigations carried out by the Police concerned, a B-
Report came to be filed by the said Police on April 24, 2019. It is thus evident from
the above that all the aforementioned allegations made by the Defendant against me,
including the filing of the complaint against the Defendant at NBF, were completely
false, baseless and mala fide. I have also initiated a criminal complaint against the
Defendant and her husband.

34. I state that not only did the Defendant make derogatory allegations against me, as
aforementioned, but she also resorted to openly and widely publishing them across the
internet through various media and encouraged and colluded with completely
unrelated third persons to spread the same, knowing fully well that there was not even
an iota of truth in the said allegations. It is also pertinent to mention that the
Defendant, through her aforementioned actions, sought to project herself as a victim
of my so-called / alleged sexual advances and, in doing so, sought to be a sympathizer
of the "Metoo" movement. The said "Metoo" movement was a social media
phenomenon popularized during 2018 whereby thousands of women, prominent and
otherwise, took the courageous step of publicly disclosing incidences where they have
been subjected to sexual abuse and coercion by dominant figures in their lives. The
"Metoo" movement thus signified the bravery of tens of thousands of women across
the world in an attempt to stop sexual abuse. However, all such efforts have been
belittled and disrespectfully made a mockery of by the Defendant who misused the
emotions and genuine concerns of other people towards her as a means of inflicting
unwarranted misery and harm to me. Such mala fide conduct was calculated and
orchestrated by the Defendant with the intention of sub-serving her ulterior motives to
coerce me into acceding to her illegal monetary demands.

35. I state that the aforesaid conduct of the Defendant has caused severe mental agony,
pain and suffering, and loss to me and to my family, apart from damaging my
reputation in the eyes of society, and in particular, in my personal and professional
circles worldwide, and causing me immense humiliation. Although the true and actual
extent and gravity of the harm and damage caused to me and my family cannot be
quantified and expressed in mere words, a few instances of my suffering owing to the
Defendant's reckless, mala fide and illegal actions aforementioned, that are reflective
of the harm and damage caused, are detailed hereinbelow.

a. I state that as aforementioned, through years of hard-work and dedication and

in light of my aforementioned educational and professional background, I had
secured an eminent position as a highly educated and successful figure
amongst prominent social, business and networking circles throughout the
world, and I was well respected and sought after amongst my peers and within
and outside my industry domain.
b. I state that as mentioned above, given my education and professional
background and exposure, I am well sought after amongst alumni and
networking circles of premier institutions and universities on a global front.
However, using the wide reach of the internet, the Defendant has managed to
publicly defame me to such extent that even amongst the said circles, I am
now associated with the aforementioned allegations of the Defendant, and not
for my professional feats.

c. I state that as aforementioned, I was highly sought after within and outside my
industry domain. Prior to the emergence of the complaint by the Defendant, I
was being pursued by several entities in India and abroad offering me highly
lucrative positions in foreign countries. However, the said entities suddenly
discontinued the said offers the moment news of the allegations made against
me was published on the World Wide Web. (internet).

d. I state that I was frequently offered lucrative jobs in very senior posts in Tier-1
companies across the globe. However, given my defamation at the hands of
the Defendant, I am no longer offered such jobs.

e. I state that although I have invested years of hard work and dedication in my
work and has ethically conducted myself at all times, the Defendant has
rendered the same completely futile as I has lost my professional worth owing
to the Defendant's actions. This has also severely hampered my professional
growth and future career prospects.

f. I state that as a result of the aforementioned incident, however, I was looked at

and treated by his colleagues at Jupiter Capital Private Limited with an air of
suspicion and distrust, although I had done nothing to warrant the same. I lost
face before my colleagues and peers, with whom I had worked and/or has
known and been acquainted with, for years and built a respectable reputation.

g. I state that prior to the aforementioned incident, I prided myself for my ability
to openly and effectively interact with any of my colleagues, including female
colleagues, on any professional matter, and this was an important aspect of my
work. This is an important facet of work for anyone working in the media
industry, such as me, especially for the position I hold. However, because of
the Defendant's actions, I am now in constant state of fear of being faced with
similar incidences. This has caused me to be extremely wary of all interactions
with all female colleagues, whether they are my superiors or sub-ordinates.
My state of mind does not permit me to even be alone in the same room as
another female colleague, much less engage in a professional discussion with
such colleague. Thus, the impact on my psychology resulting in my pain and
anguish is evident.

h. I state that I have also suffered in terms of appraisal cycle within the company
where I was employed. Also, critical positions and responsibilities were not
given to me because of the risk of attracting negative publicity to the
employment. This among other things affected the monetary benefits I would
otherwise have been entitled to receive, by a significant margin.
i. I state that I had to take regular break from my work-life schedule to attend to
my mental health issues, which have resulted owing to the mental trauma and
agony inflicted upon me by the Defendant.

j. I state that during the course of the investigation being conducted by the
Police in the frivolous complaint filed by the Defendant against me, the Police
have on several occasions visited the offices where I was working and made
enquiries with various people in and around the said offices. Several
employees working in the said offices were again called as witnesses to the
Police Station. The presence of Police in the office premises created a sense of
apprehension among the employees and resulted in causing further
embarrassment and derogation of me. I was also called to the Police Station
multiple times, which made me feel frustrated and harassed.

k. I state that all the above factors have not only disturbed my mental peace and
well-being but have had cascading consequences on my ability to garner
promising professional opportunities.

l. I state that even on the personal and social fronts, my life, as well as that of
my family, has stood drastically changed forever.

m. I state that as mentioned above, although both me and my wife are from
conservative family backgrounds, they are part of several different social
circles and are highly respected amongst their relatives, friends and
acquaintances, individually and as a family. Me and my wife originally hail
from Bhopal and their parents and my extended family reside thereat.

n. I state that given the Defendant's popularization of the frivolous, libelous and
distasteful fallacious allegations against me all across the internet, the relatives
of me and my wife have also learnt of the same. As a result, me and my wife
have been questioned on the same by numerous persons and members of our
families who have looked down upon me. Thus, the Defendant's actions have
caused severe humiliation to the me.

o. I state that with the despicable lies about me having been openly publicized by
the Defendant, the same have become the primary topic of conversation
amongst all persons known to me and my wife. Every single conversation and
social interaction pertaining to me, whether or not I was involved in the same,
relates to the Defendant's allegations made against me and I am likened to the
likes of the perpetrators of sexual abuse under the "Metoo" movement.

p. I state that there is a general lack of trust in respect of me, especially amongst
my female friends, who otherwise reposed trust and confidence in me. I am
also being ridiculed by my friends and within my social circles. This has
caused long term, friendships and acquaintanceships to sever. Thus, I have
been relegated to a position of aloofness and disconnect with the people who
were once my close aids and companions.
 q. I state that in fact, I has become a topic of unwanted discussions even amongst
the social/college alumni groups of my wife, which not only causes severe
mental agony and pain to my wife, but also has consequences on me and our
family life.

r. I state that my marital relations have also suffered and there has been a rift
between me and my in-laws. I have also had to see my parents, wife, siblings
and in-laws face the brunt of the Defendant's actions and suffer the emotional
trauma thereof, having been confronted with the said issues by our neighbors,
relatives and our own social and professional circles. Thus, my reputation has
also been sullied in the above extended circles, and I have no control over the
same.

s. I state that I have been widely abused by third persons on the internet. Me and
my family received severe threats from such persons, and this has caused me
to genuinely fear for not just my life, but also that of my wife and daughters.

t. I state that my daughters are currently minors and not worldly wise. However,
there would come a time in future when my daughters would come across the
abovementioned disturbing falsehoods regarding me and that would most
definitely lower my reputation before my own daughters, which would be the
highest form of humiliation for me. In order that truth prevails, the only
recourse available to me is justice at the hands of this Hon'ble Court which
would stand testimony to my innocence.

u. I state that given the widely publicized spread of the Defendant's posts against
me, traces of the same will forever remain on the internet, against which I am
helpless. Each time that my name is searched on the internet, it is the above
posts that would be seen by the general public, and not the various
professional and personal feats achieved by me over the years. My reputation
has been irreparably injured and me and my family have faced untold
humiliation, misery, trauma and agony. Thus, I will continue to be adversely
affected by the Defendant's actions. Me and my family can no longer live a
peaceful and respectful life since the Defendant's allegations shall forever
haunt us.

I state that all the above is directly a consequence of the Defendant's malicious,
reckless and illegal actions aforementioned. Therefore, the Defendant is liable to
compensate me for the above.

36. I state that as reiteration that the above is by no means a comprehensive or exhaustive
account of the trauma and suffering that I have had to endure owing solely to the
Defendant's defamatory and malicious conduct. Whilst the said trauma, loss and
suffering cannot be quantified in terms of money, I believe that the Defendant ought
to be penalized for her illegal actions. The very least that the Defendant ought to pay
me towards damages for the above would be a sum of Rs. 2 Crores, to which amount I
am limiting my claim in this suit, although the said amount by no means would
justify/compensate for the loss occasioned to me. I reserve the liberty to furnish proof
during the course of the proceeding to justify the damages claimed.
37. I state that in view of the foregoing, having no alternate remedy, I have been
constrained to initiate the instant proceedings against the Defendant, seeking
injunctive relief against the Defendant from publicly defaming me and for seeking
damages for the loss and mental agony caused to me, as mentioned above.

38. I state that the cause of action for filing the instant suit first arose when the Defendant
submitted a false complaint before NBF and before the Basavanagudi Police Station,
therein making fallacious allegations of sexual misconduct against me, when the
Defendant threatened to publicly defame the Plaintiff if he failed to settle the matter
by paying her exorbitant amounts; when the Defendant published completely false,
reckless and defamatory content against me on various online news platforms and
through Twitter, both directly and indirectly through third parties, and continues to
arise on each such date that the Defendant continues to defame me in the manner
aforementioned and each such date where I continue to be defamed owing to the
actions of the Defendant, thereby causing me incalculable and unmeasurable mental
agony, pain and suffering and tarnishing my hard- earned image and reputation
amongst third persons across the globe.

39. I state that I have collated documents and information to the extent possible, at this
point of time, and has produced the same along with this suit. Given the enormity of
defamatory information available on the World Wide Web, I have been unable to
collate all such information and, therefore, reserves liberty to produce additional
documents during the course of the proceedings.

40. I state that I have not filed any suit or other proceeding on the same cause of action as
one giving rise to the instant suit.

41. I state that the cause of action for the instant proceeding has arisen within the
territorial jurisdiction of this Hon'ble Court and this Hon'ble Court is entitled to
entertain the instant suit and adjudicate the subject matter thereof.

42. I state that I have paid the fixed court fees of Rs.3,07,175/- (Rupees Three Lakhs
Seven Thousand One Hundred and Seventy Five) as per the separate valuation slip
attached, in accordance with the provisions of the Karnataka Court Fees and Suits
Valuation Act, 1969.

Wherefore, I humbly pray that this Hon’ble Court may be pleased to allow the
evidence and pass necessary orders, as sought for, in favor of the Plaintiff, in the
interest of justice and equity.

I, Abhinav Khare, the Plaintiff, do hereby state and declare that what is stated
at paragraph Nos.1 to 42 supra, are true and correct to the best of my
knowledge, belief and information