BEFORE THE HON’BLE COURT OF PR.

DISTRICT JUDGE AT
SRINAGAR.

Suit under Order XXXVII of CPC.

In the case of:- Heewan Enterpirses & Co. Pvt. Ltd.

Rajbagh, Srinagar.

….Plaintiff.
Versus

Mohammad Aslam Bhat

S/O Abdul Ahad Bhat
R/O Iqbal Colony Eidgagh, Srinagar.

….Defendant.

In the matter of:

Suit under Order 37 of CPC for recovery of Rs.4.50 lacs
with interest @ 18% P.A. till its payment.
______________

May it please your honour,

The plaintiff submits as under:

01. That the plaintiff is the Managing Director of Heewan Enterprises & Co Pvt. Ltd.
having its registered Office at Rajbagh Srinagar, the above referred Co. has been
incorporated under J&K Companies Act 1956 on 27.1.1998. The copy of the certificate
of incorporation is annexed herewith as Annexure ‘A’.
02. That among other directors’ of the Company the defendant was one of the
directors, having 150 equity shares in terms of the Memorandum of Association. A copy
disclosing the description of shares related to the defendant also is annexed herewith
as Annexure ‘B’.
03. That the defendant without taking into confidence other directors of the referred
Company was running a chit fund business alongwith Ghulam Jeelani Mir S/O Mir Khazir
Mohammad R/O Kaw Mohalla Khanyar Srinagar who also happens to be the Director
of the Company, while running of the said business the defendant was collecting
subscription from the different shop keepers of the Srinagar City and the said
subscription was being provided to the shop-keepers by way of lottery system, this fact
came to the knowledge of the plaintiff company when mis appropriation of the
subscription came to the surface due to hue and cry of various shop keepers who were
subscribers of the said CHIT FUND BUSINESS. Since the defendant was one of the
directors of the plaintiff company, there was every possibility that the mis-appropriation
would have cost its shadows on the reputation of the plaintiff company which was
evident during that time by rumors even some of the customers of the plaintiff
company were attributing this misappropriation with plaintiff company.
04. That the plaintiff company in order to save the reputation and image of the
Company passed a resolution by a voice vote whereby they decided that the plaintiff
company will come in the rescue of the defendant so that he is able to liquidate the
amount which he has misappropriated and in this respect advanced an amount of Rs.
18.00 lacs.
05/ That since the charge of misappropriation was against the defendant and
another director namely_Ghulam Jeelani Mir who was also advanced Rs.18.00 lacs and
the total advance made to the defendant and Ghulam Jeelani Mir is Rs. 36.00 lacs. It is
worthwhile to mention here that other directors of the company had no concern of
whatsoever nature with the chit fund business which was being operated and
conducted by the defendant and said Ghulam Jeelani Mir. That pursuant to this
advance made to the defendant and Ghulam Jeelani Mir they entered into the
agreement with the plaintiff company wherein they have admitted that they have
indulged in mis-appropriation to the tune of Rs. 36.00 lacs since the defendant and
Ghulam Jeelani Mir who at that relevant point of time was holding the post of Chairman
and fully fledged signatory of the plaintiff company the said mis-appropriation the
details of which have been stated hereinabove cost its shadows on the plaintiff
company so in order to over save the image and prestige of the company as there was
every likelihood that the subscribers of the Chit fund might have attacked the company
even have at some occasions made it public that the defendant being the Chairman of
the plaintiff company may have some access with other directors of the company which
constrained the all the directors of the company to make an advance of Rs.36.00 lacs in
equal proportion to the defendant and Ghulam Jeelani Mir for which they executed an
agreement and D.P.Notes. The details whereof have been stated hereinabove.
agreement with the defendant and Ghulam Jeelani Mir wherein they admitted /
acknowledged the payment of Rs. 36.00 lacs. A copy of the said agreement is annexed
herewith as Annexure ‘C’.
06/ That in addition to execution of the agreement by the plaintiff and the
defendant, the defendant has executed 4 promissory notes dated 30.10.2017 each of
the value of Rs. 4.50 lacs. That since the plaintiff company because of with-holding of
such a huge amount by the defendant is not in a position to enforce all the 4 D.P. Notes
in the present suit because of financial insufficiency and are unable to pay the court
fees which has constrained the plaintiff company to institute the present suit only for
Rs. 4.50 lacs, the value of the promissory note dated_30.10.2017 and reserves the right
to enforce other D.P.Notes at appropriate time. The promissory note in original is
annexed herewith as Annexure-D to the present suit ( being the subject matter of the
suit).
07/ That the plaintiff company through their advocate on 10.3.2022 served the
defendants with a notice of demand wherein the defendant was asked through the
medium of referred notices to make the payment of Rs. 18.00 lacs with interest @ 18%
p.a. which the defendant has received, the acknowledgement establishing its receipt by
the defendant is annexed herewith as Annexure ‘E’ to the present suit.
08/ That the cause of action has accrued to the plaintiff company when the
defendant has refused to receive the notice and make the payment thereof and the
cause of action is continuing.
09/ That the Hon’ble Court has pecuniary and territorial jurisdiction to adjudicate
upon the matter.
10/ That the suit for the purposes of valuation is valued at Rs.4.50 lacs and the
requisite court fees is attached in the form of stamps.
11/ That the plaintiff company is not claiming any relief which does not fall within the
purview of Order 37.

IN THE PREMISES, it is therefore, prayed that a decree:

i) a decree in terms of Order 37, CPC for an amount of Rs.4.50 lacs alongwith
the interest @ 18% be passed in favour of the plaintiff and against the
defendant;
 ii) Costs of the suit may also be awarded in favour of the plaintiff company.

Plaintiff through counsel.

Verification:
Verified that the averments made in paras 1 to 7 based on facts and material
and rest of the paras are believed to be true and correct on the basis of legal advise
sought.

Plaintiff.
Srinagar/ 14.03.2006.
 BEFORE THE HON’BLE COURT OF PR.DISTRICT JUDGE AT
SRINAGAR.

HEEWAN ENTERPRISES & CO. PVT. LTD.

APPLICANT/PLAINTIFF.
VERSUS.

GHULAM JEELANI MIR

NON-APPLICANT/DEFENDANT.

In the matter of: Application under Order 34, Rule 2 of CPC, for grant of
temporary injunction. ________
May it please your honour,
The application is submitted as under:

1/ That the applicant has filed the above titled suit before this Hon’ble Court.
2/ That for the sake of brevity the pleas taken in the main suit are adopted as grounds for
the present application which need not to be repeated.
3/ That the applicant has a strong prima facie case in his favour and he is sure to
succeed the same.
4/ That the balance of convenience is in favour of applicant and against the non-
applicant.
5/ That in case the interim relief as prayed for in this application is not granted in favour
of the applicant and against the non-applicants, the suit of the applicant shall become
infractuous and the applicant shall suffer an irreparable loss and injury.
6/ That this application is supported by an affidavit duly sworn in by the applicant.

In the premises, it is therefore, prayed that pending disposal of the main suit, the
immoveable property of the non-applicant viz: Double storeyed residential house
alongwith the land underneath and appurtenant thereto situated at Iqbal Coloney
Iddgah Gah, Srinagar may kindly be attached, thereafter put to public auction and
realize the consideration thereto and pay the same to the applicant;

The applicant further prays that the non-applicant may be restrained from alienating,
disposing of, transferring the title by any mode or method the said immoveable
property;

Any other order or relief which this Hon’ble court may deem fit and proper be also
passed in favour of the applicant and against the non-applicant.

Applicant through counsel.

Srinagar/14.3.2006.
BEFORE THE HON’BLE COURT OF PR.DISTRICT JUDGE AT SRINAGAR.

HEEWAN ENTERPRISES & CO. PVT. LTD.

APPLICANT/PLAINTIFF.
VERSUS.

GHULAM JEELANI MIR

NON-APPLICANT/DEFENDANT.

In the matter of:

Affidavit in support of enclosed application.

I, Fayaz Ahmed Wani S/O Late Haji Abdul Razak Wani R/O Malayar Habakadal, Srinagar
Kashmir do hereby declare on oath as under:

That the averments made in the enclosed application have been drafted at my
instance as such I am fully conversant with the same and are true and correct to the
best of my knowledge and belief. Nothing in it is concealed.

Deponent.
Verification:

Verified at Srinagar on this the 3rd June 2006 that the averments made in this affidavit
are true and correct to the best of my knowledge and belief. Nothing in it concealed.

Deponent.