Application S 12A Commercial Courts Act, 2015 For Pre-Institution Mediation

BEFORE THE HON’BLE ALTERNATE DISPUTE REDRESSAL CENTRE,
JAIPUR METROPOLITAN - II, JAIPUR
APPLICATION NO. ___________/2024
Application under Section 12A (Chapter - 3),

Commercial Courts Act, 2015 for Pre-Institution
Mediation and Settlement of the dispute.
DETAILS OF THE PARTIES
1. Name of the Applicant

M/S SHREE AURO IRON LTD, THROUGH ITS DIRECTOR MR.
B.L. DANGAYACH
2. Address of the Applicant and Contact details-

Address – E-359, ROAD NO. – 14, VKI, JAIPUR
Mobile No. 9314440410
Email ID – sailrajasthan@gmail.com
3. Name of the Opposite Party / The Respondent
A. Yogiji Digi Private Limited (Formally known as Digi Drives Pvt.
Ltd.)
4. Address of the Respondent s and Contact details
First Address – Plot No-148, Sector-58, Faridabad, Haryana, India -
121004
Mobile No.
Email ID – accounts@digidrives.in
DETAILS OF THE DISPUTE:-
1. Nature of the dispute according to the Section 2(1) of the
Commercial Courts Act, 2015
That the present dispute has arisen between the Applicant Company and
the Respondent because Respondent has failed to repay outstanding
amount which was loaned by the Applicant Company.
2. Amount of Claim:
The Applicant Company is entitled to recover and receive the amount of
Rs. 51,11,000/- (Rupees Fifty One Lakhs Eleven Thousands) plus interest
@12% per annum from 30.03.2018.
3. Jurisdiction of the Court:

That Hon’ble Commercial Court, Jaipur Metro-II, Jaipur has the
territorial jurisdiction to hear the present case as the Applicant
Company’s registered office is present in Jaipur itself.
4. Brief Summary of the Dispute (not exceeding 5000 words) :

1. That the Applicant Company is a Public Company which is engaged in
the business of steel products.
2. That in 2017, M/s. Shree Mangalam Colour Coaters Pvt. Ltd. (Sister
Company of the applicant Company) had made the payment of Rs.
51,11,000/- to the Respondent through the banking transaction.
However, with the consent of all the parties the debt was later transferred
in favour of the applicant Company and the Respondent recorded this
money as a loan extended by the applicant Company vide the accounting
entry dated 30.03.2018. the Respondent issued the balance confirmation,
acknowledging the debt towards the Applicant Company, vide
Respondent’s email dated 12.04.2018 and it was promised that the
aforesaid Loan amount of Rs. 51,11,000/- would be paid to the Applicant
Company in the near future along with the adequate interest.
3. That the Applicant Company received an email dated 22.05.2023 about
the proposed amalgamation between M/s Yogi Ji Techonoequip Pvt. Ltd.
with M/s YogiJi Digi Pvt Ltd. It was specifically acknowledged that
Applicant Company is a creditor of M/s YogiJi Digi Pvt Ltd. Therefore,
the Respondent is liable to pay the Loan Amount to the Applicant
Company. Thus, the Respondent acknowledged the existence of the debt
which has not been paid yet. The applicant company communicated the
Respondent through reply dated 15.07.2023 to such email and directed
the Respondent to forthwith repay the entire amount along with interest.
4. That the Applicant Company made various communication to the
Respondent for payment of the aforementioned loan amount, however,
Respondent did not paid any heed to the repeated requests of the
Applicant Company even after giving them sufficient time concession
for making payment.
5. That the Respondent dishonestly and with fraudulent intentions
persuaded the Applicant Company to advance you the loan amount
though it is evident that the Respondent had no intention to repay the the
loan amount solely with the intention to gain unlawful profit at the cost
of causing unlawful loss to my Client Company.
6. That having left with no other option, the Applicant Company through
its counsel served a legal notice dated 18.01.2024, to Respondent but
despite that Respondent has failed to repay the outstanding amount of
loan as claimed in the notice which necessitated the filing of civil suit.
7. That Applicant Company is entitled to recover the amount of Rs.
51,11,000/- from the Respondent and has got the cause of action to file
the present suit due to failure of Respondent in paying the said amount.
8. That the Respondent has failed to act on such continued reminders and
the Applicant Company is left with no other option but to initiate
appropriate recovery proceedings. The Applicant Company is filing the
present application so as to satisfy the mandate of law and to look for
resolution of disputes through mutual discussions.
9. That for the sake of brevity and considering the nature of present
proceeding the Applicant Company had presented the summarized
version of fact and the Applicant Company reserves the right to file the
detailed facts, modify and amend the aforesaid facts, while filing the suit
before the Hon’ble Commercial Court, if need be.
Prayer
Thus in light of the aforesaid facts and circumstances, it is humbly

submitted that the present application may kindly be considered and the
Respondent may kindly be directed to pay the amount of Rs. 51,11,000/-
(Rupees Fifty One Lakhs Eleven Thousands Only) along with interest at the
rate of 12% per annum.
Any other order which the Hon’ble Authority deems fit in favour of the
Applicant Company may kindly be passed.
BEFORE THE HON’BLE ALTERNATE DISPUTE REDRESSAL CENTRE,
JAIPUR METROPOLITAN - II, JAIPUR
APPLICATION NO. ___________/2024
In the matter of :
M/s SHREE AURO IRON LTD
Versus
YOGIJI DIGI PRIVATE LIMITED
AFFIDAVIT IN SUPPORT OF THE REPLY
I, B.L. Dangayach S/o Late Shri Rama Kishan Dangayach, Aged

About 80 years, Director of the Applicant Company,having its office at E-
359, Road No. – 14, VKI, Jaipur do hereby make oath and state as under:-
1. That I am the Director of the Applicant Company and I am well
conversant with the facts and circumstances of the case.
2. That the annexed Application has been drafted by my counsel under my
instructions and the same has been read over by me.
3. That the contents of paras of the Application are true and correct to the
best of my personal knowledge and nothing material has been concealed
therefrom.
Deponent
VERIFICATION
I, the above-named deponent do hereby verify on oath that the contents of
paras of the affidavit are true and correct to the best of my knowledge of my
personal knowledge and nothing material has been concealed therefrom. So, help
me, GOD.
Deponent

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BEFORE THE HON’BLE ALTERNATE DISPUTE REDRESSAL CENTRE,

JAIPUR METROPOLITAN - II, JAIPUR

APPLICATION NO. ___________/2024

Application under Section 12A (Chapter - 3),

DETAILS OF THE PARTIES

1. Name of the Applicant

2. Address of the Applicant and Contact details-

3. Jurisdiction of the Court:

4. Brief Summary of the Dispute (not exceeding 5000 words) :

Thus in light of the aforesaid facts and circumstances, it is humbly

APPLICATION NO. ___________/2024

M/s SHREE AURO IRON LTD

YOGIJI DIGI PRIVATE LIMITED

AFFIDAVIT IN SUPPORT OF THE REPLY

I, B.L. Dangayach S/o Late Shri Rama Kishan Dangayach, Aged

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