MEDIATION APPLICATION FORM

Name of the Authority and address: Karkadoma District Legal Service Authority
DETAILS OF PARTIES:

1. Name of Applicant: Samekit Infra Solution Pvt. Ltd.

2. Address and contact details of applicant:

Address: - RE-17B, 2nd Floor, Gali No. 2, Near Shiv Mandir, Vikas Nagar,
UttamNagar, New Delhi- 110059

Telephone No. ...................

Mobile: 9990020969, 9811247018

E-mail ID: samekit.ispl@gmail.com

3. Name of opposite party: BCC Precast (India)Pvt. Ltd.

Sh.Sumit Chaturvedi, Director
Kumar Bharat, Director

4. Address and contact details of opposite party:

Address: - 1. Having its Head Office at:

B-14, Basement, Vivek Vihar, Phase-I,
Delhi-110095

2. Bharat City, Tila More,

Loni Road, Near Tila More Police Chowk,
Ghaziabad, U.P.
DETAILS OF DISPUTE:

1. Nature of dispute as per section 2(1)(c) of the Commercial Courts Act 2015 (4 of 2016):
Section 2(1) (c) (i)- ordinary transaction of merchants, bankers, financiers and traders such as those relating
to mercantile documents, including enforcement and interpretation of such document

2. Quantum of Claim: Rs.6,43,097/- (Rs. Six Lakh Forty Three Thousand Ninety Seven Only).
3. Territorial jurisdiction of the competent Court: Karkardoma Court

4. Brief synopsis of commercial dispute (not to exceed 5000 words):

1. That the Applicant is carrying out the business of Sanitation related work including
manufacturing and supply of Mobile Toilet Van, House Keeping, Water Sucking, Sludge
Disposal etc.

2. That the Respondent is carrying out business of civil work including Residential
Commercial, Institutional Building and Interior works consists of offices, Residence of
high prestige, Restaurants and Resort etc. and in that regard has contacted Applicant for
supply and service of Mobile Toilet Vans to Respondent sites.

3. That in furtherance of above the Applicant has provided the services of Mobile Toilet
Vans on your site that is Godrej Golf Link, Sector-27, Greater Noida.

4. It is intimated that the Applicant has provided the services of Mobile Toilet Van vide
Work Order No. BCC-PRECAST/GN/GODREJ-GOLFLINKS/WO/007 of dated 27-
01-2018 at the site Godrej Golf Link, Sector-27, Greater Noida for a Six Seater Mobile
Toilet Van. In this regard the Applicant has provided services of Mobile Toilet Van
from 29th January 2018 to 20th September, 2021 to the respondent.

5. That during this period the Applicant has received another amended work order dated
11-09-2018 for addition of Item No. 2 i.e., 02 Seater Mobile Toilet Van along with the
already installed Six Seater MTV at the above mentioned site and the same installed at
the site.
 6. That the Applicant has already submitted the Original Tax Invoice upto 20-09-2021 i.e,
till the date MTVs were present at respondent site. It is intimated that the Applicant has
reconcile their ledger with the Bill submitted and payment received against it and found
that the total payment of Rs. 4,72,866/- (Rupees Four Lakh Seventy Two Thousand
Eight Hundred Sixty Six only) is outstanding at respondent end.

7. That the Applicant has been requesting the respondent to clear their outstanding dues
repeatedly but respondents have been delaying the payment, which is yet not done.

8. That the respondent have been withholding the abovesiad amount of Rs. 4,72,866/-
(Rupees Four Lakh Seventy Two Thousand Eight Hundred Sixty Six only) since 20 th
September, 2021. Hence, the respondents are further liable to pay interest at the rate of
18% per annum on the said amount till date of present notice i.e. amounting to
Rs.6,43,097/- (Rs. Six Lakh Forty Three Thousand Ninety Seven Only).

5. Additional points of relevance: That the Applicant at various occasions by telephonic calls,
emails vide dated 20th July 2022 and letter by speed post dated 31st August,2022 and by courier of dated
11th October,2022 (which were duly received as per track report of India post). But the Respondent are
neither replying to any of these nor paying the remaining outstanding amount. That the Applicant has
also sent the Legal Notice dated 08, April 2023 and then dated 13-08-2023 through their Advocate for
demand of the outstanding money along with interest at the rate of 18% p.a. The said notice was
retuned as respondent were not accepting the letter, but as usual no response from their side was given
till date.

DETAILS OF FEE PAID:

Online transaction No.

Name and Signature of Applicant

Through
Delhi
Dated .09.2023