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Replication Draft

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REPLICATION ON BEHALF OF CLAIMANT CAPRI GLOBAL CAPITAL LIMITED

PRILIMINARY OBJECTION

Reply on behalf of respondent no. 4 is false, manipulating, and vague so denied in totality.
Respondent no. 4 is only trying to delay the Arbitral Proceedings so taking a false ground.

PARA WISE REPLY

2. The objection that Claimant Company has not sent notice to the respondent on his second
address is false. Postal Reciepts along with Track records are already filed before the
learned Tribunal. So this objection is false and denied in totality.

3. No need to reply.

4. It is matter of record that Respondent no. 4 alongwith his brother Shri Lalit kumar
Sharma jointly approached to the claimant company seeking the grant of a loan. After
considering the Loan Application, the Claimant Company granted to the Respondents, a
loan in the sum of Rs. 22,59,840/- (Twenty Two Lakh Fifty Nine Thousand Eight
Hundred Forty Rupees only ) for a period of 180 months and a written Loan Agreement
bearing Account No. LNCGCBPITL0000007706 was executed between the Claimant
and the Respondents (Copy of the same is on record). As per the terms stipulated in the
said loan agreement the Respondents agreed to repay the loan amount, with Interest rate
15% . As per the terms of the Loan Agreement the Respondents were required to make
timely payment towards repayment of the above mentioned loan. However, the
Respondents miserably failed to pay the installments on time. The Respondent is only
taking a false ground that “the signature are false and forged” to delay the proceedings
before Hon’ble Tribunal. Before the Learned Tribunal, Shri Mahesh Kumar Sharma has
orally accepted that signatures on the agreement done by him. And despite of accepting
the signature, Respondent No. 4, denied to accept the signature in his written statement.

5. Para no. 5 is denied. Claimant Company has the sole right to decide about the place of
arbitration and appoint Hon’ble Arbitrator as per the Terms of Loan Agreement.

6. It is to state herein the copy supplied by the Counsel of Resppondant no. 4 is incomplete
as pages after 2nd page are missing. Hence we are unable to reply on Para no.6-8.
However, the right is reserved to reply on the same.

6. All copies are duly supplied to Respondent No. 4. His only intention is to delay the
proceedings of Hon’ble Tribunal, and taking false ground that copies supplied to him are
illegible. Para no. 9 is denied.

7. Para no. 10 is Fact of Law so no need to reply.


8. Para no. 11 is denied. As, if you have taken Loan it is a well settled law that you have to
pay the same. And when Respondents failed miserably to make the payment of the
alleged loan, the Arbitral Proceedings has been initiated by the Company wherein the
Respondent no.4 took a bogus, false ground by simply denying from his signatures with
the malafied intention of delay the proceedings of the Hon’ble Tribunal.

PRAYER
It is most respectfully prayed before this Hon'ble Tribunal to reject the vague grounds
raised by the Respondents in their Written Statement without any documents to support
their aveirnents and pass an Award and decree in favour of the Claimant.

Pass such further order as Ld. Arbitrator may deem fit and circumstances of the case.

CLAIMANT

VERIFICATION

Verified at New Delhi on this day of , 2018, that the contents of my above Claim
Petition are true and correct and nothing material has been concealed therefrom and no part of it
is false.

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