IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION, MUMBAI

Suit No. _______ of 2024

Julian Spratt, son of _________, residing at __________, Mumbai, Maharashtra -

Plaintiff
Versus

Mr. Grumble, son of _________, sole proprietor of Grumble Builders, having

office at __________, Mumbai, Maharashtra – Defendant

WRITTEN STATEMENT

The defendant above-named respectfully submits as follows:

1. The defendant has received the summons and the copy of the plaint filed by the
plaintiff in the above suit and hereby files this written statement in answer to the
same.

2. The defendant denies each and every allegation made by the plaintiff in the plaint,
except those that are expressly admitted herein. The defendant also denies the
relief sought by the plaintiff in the plaint.

3. The defendant admits that he is the sole proprietor of Grumble Builders, a firm
engaged in the business of construction and renovation. The defendant also admits
that he had some conversations with the plaintiff in the local pub, namely the
'Bayroute' in Cuffe Parade, regarding the renovation work of the plaintiff's
property situated at Cuffe Parade, Colaba, Mumbai. However, the defendant
denies that there was any valid and binding contract between him and the plaintiff
for the said work. The defendant states that the conversations were merely
preliminary and exploratory in nature and that no final terms and conditions were
agreed upon by the parties. The defendant further states that the letter dated 29th
June 2023, annexed as Annexure D to the plaint, was not a confirmation of the
 contract, but only a tentative quotation subject to further negotiations and
modifications. The defendant also states that the cheque of Rs.10,00,500/- dated
30th June 2023, annexed as Annexure E to the plaint, was not an advance
payment, but only a security deposit to be adjusted against the final bill or
refunded in case of cancellation of the work order.

4. The defendant denies that the plaintiff told him that he wanted to let both the
floors of his property out on leave and license to Google, or that it was agreed that
the work would start during the first week of August 2023, and would take
between 6 to 8 weeks. The defendant states that the plaintiff never disclosed his
intention or agreement with Google to him and that the defendant was not aware
of the same. The defendant also states that the plaintiff never gave him a definite
date or duration for the commencement or completion of the work and that the
defendant was waiting for the plaintiff's confirmation and approval of the final
design and estimate of the work.

5. The defendant denies that he delayed or failed to start or complete the work as per
the alleged contract. The defendant states that he was ready and willing to
undertake the work as per the plaintiff's requirements and satisfaction, but the
plaintiff kept changing his mind and making unreasonable demands and
alterations in the scope and specifications of the work. The defendant also states
that the plaintiff did not cooperate with the defendant in obtaining the necessary
permissions and approvals from the concerned authorities and the building society
for the renovation work. The defendant further states that the plaintiff did not
provide the defendant with adequate access and facilities to carry out the work at
the site and that the plaintiff often interfered with and obstructed the defendant's
work.

6. The defendant admits that he wrote a letter to the plaintiff dated 15th October
2023, annexed as Annexure F to the plaint, stating that he was unable to complete
the work due to some unforeseen circumstances and that he was terminating the
contract. The defendant states that the unforeseen circumstances were the
outbreak of the Covid-19 pandemic and the subsequent lockdown imposed by the
 government, which severely affected the defendant's business and operations. The
defendant also states that he offered to refund the security deposit of
Rs.10,00,500/- to the plaintiff within a month, as a gesture of goodwill and
without prejudice to his rights and contentions. The defendant further states that
he did not receive any legal notice from the plaintiff dated 20th October 2023,
annexed as Annexure G to the plaint, and that the same is fabricated and false.

7. The defendant denies that the plaintiff has suffered any loss or injury due to the
defendant's alleged breach of contract. The defendant states that the plaintiff has
not been able to prove the existence or validity of the contract or the breach or
damages thereof. The defendant also states that the plaintiff has not been able to
prove the preliminary agreement or the loss of opportunity with Google or the
expenses incurred for maintaining the property. The defendant further states that
the plaintiff has not been able to prove his readiness and willingness to perform
his part of the contract or to pay the balance amount to the defendant on
completion of the work.

8. The defendant denies that the plaintiff has any clear or legal right to get the
renovation work done by the defendant as per the alleged contract or to let out his
property to Google as per the alleged preliminary agreement. The defendant states
that the plaintiff's rights are based on false and frivolous grounds and that the
plaintiff is trying to take undue advantage of the defendant's situation. The
defendant also states that the plaintiff's rights are subject to the permissions and
approvals of the concerned authorities and the building society, which the plaintiff
has not obtained or produced.

9. The defendant denies that he is liable to pay any damages to the plaintiff or to
specifically perform the contract or to refund the security deposit along with
interest. The defendant states that the plaintiff's claims are baseless and
exaggerated and that the plaintiff is not entitled to any relief from the court. The
defendant also states that he has a counterclaim against the plaintiff for the loss
and injury caused by the plaintiff's conduct and negligence.
10. The defendant, therefore, prays that:

a) The suit filed by the plaintiff be dismissed with costs;

b) A decree for Rs.________/- be passed in favour of the defendant and against the
plaintiff as counterclaim for the loss and injury caused by the plaintiff's conduct and
negligence, along with interest at the rate of __________% per annum from the date of
filing of the written statement till the date of realization;
c) Any other relief that this Hon'ble Court may deem fit and proper in the circumstances
of the case be granted to the defendant.

Defendant

Verification

I, Mr. Grumble, the defendant above-named, do hereby verify that the contents of
paragraphs 1 to 10 of this written statement are true and correct to the best of my
knowledge and belief and nothing material has been concealed therefrom.

Verified at Mumbai on this _______ day of _________, 2024.

Defendant